1. The Defendant’s payment order against the Plaintiff was issued on January 21, 2014 by the Suwon District Court for the 180 rental fee case against the Plaintiff.

1. Basic facts

A. On January 21, 2014, the Defendant received a payment order (hereinafter “instant payment order”) stating that “The Plaintiff and the Plaintiff jointly and severally paid KRW 38,069,666 to the Defendant and the Defendant for delayed payment at the rate of 20% per annum from the day following the delivery of the duplicate of the instant application to the date of full payment” from the court’s order (hereinafter “the instant payment order”), and the said payment order became final and conclusive on February 12, 2014.

B. On November 22, 2017, the Plaintiff filed an application for the adjudication of bankruptcy and exemption (hereinafter “application for the adjudication of bankruptcy and exemption”) with the Suwon District Court in 2017 at the time when 2017 was 1075 and 2017, and received a decision to grant immunity from the above court (hereinafter “decision to grant immunity”). At the time of the above application, the Plaintiff did not enter the Defendant’s claim for the instant payment order against the Plaintiff on the list of creditors (hereinafter “claim”).

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion by the parties does not intentionally state the instant claim in the creditor list at the time of the Plaintiff’s application for bankruptcy and exemption from liability, and thus, the instant claim was exempted from liability.

The argument is asserted.

As to this, the defendant asserts that the plaintiff did not enter the claim in the list of creditors with knowledge of the existence of the claim of this case at the time of applying for bankruptcy and exemption from liability.

B. The phrase “claim which is not entered in the list of creditors in bad faith by the obligor” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act means the list of creditors even though the obligor knows the existence of the obligation against the obligee before immunity is granted.