1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

(1) On March 16, 2009, the Defendant jointly and severally filed a claim for reimbursement against the Plaintiff, the owner of B and the Plaintiff, for the traffic accident caused B by Busan District Court Decision 2009Gaso87171, and the Plaintiff and the Plaintiff jointly and severally filed a claim for reimbursement against the Defendant. Busan District Court rendered a decision of performance recommendation that accepts all the Defendant’s claims on March 30, 2009 (hereinafter “decision of performance recommendation of this case”; and the Defendant’s claim based on the decision of performance recommendation of this case, “the instant claim”).

On April 15, 2009, the plaintiff did not object to the decision of performance recommendation within the period of time.

D. On July 20, 2017, the Plaintiff filed a bankruptcy immunity application with the Daegu District Court No. 2017Hadan279, 2017Ka279 (hereinafter “instant bankruptcy immunity application”), and received immunity from the above court (hereinafter “instant immunity application”).

The decision to grant immunity became final and conclusive on August 4, 2017.

Secondly, at the time of the application for immunity from the bankruptcy of this case, the Plaintiff did not enter the claim in the list of creditors.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, substantial fact in this court, purport of whole pleadings

2. Assertion and determination

A. The gist of the Plaintiff’s assertion was that at the time of the bankruptcy of the instant case, the Plaintiff failed to describe the existence of the instant claim in the creditor list because it was unable to memory the existence of the instant claim at the time of the application for immunity, and thus,

B. As stated in Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, “a claim which is not entered in the list of creditors in bad faith” refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision of immunity, and is not entered in the list of creditors. Therefore, if the obligor was unaware of the existence of an obligation, he did not know thereof.