1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff filed with the Suwon District Court an application for bankruptcy and immunity as prescribed by 2014Hadan6188, 2014Na6188, and the Defendant’s claim based on the instant notarial deed was not entered in the list of creditors.

After being declared bankrupt, the Plaintiff was granted immunity on January 4, 2016, and the decision to grant immunity became final and conclusive on January 19, 2016.

B. On the basis of the instant notarial deed against the Plaintiff, the Defendant received a seizure and collection order as to the Plaintiff’s deposit return claim against the Plaintiff Company D, etc. as the Suwon District Court’s Ansan Branch 2019TT3711 on April 19, 2019.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. As above, it can be recognized that immunity has become final and conclusive. Accordingly, barring any special circumstance, the Plaintiff’s liability for the above obligation against the Defendant is exempted.

B. As to this, the defendant asserts that the exemption does not have the effect since his claim against the plaintiff is a wage claim, and the statement in the evidence Nos. 3 and 4 alone is insufficient to recognize the defendant's claim as a wage claim, and there is no other evidence to acknowledge it otherwise.

Next, since the Defendant did not enter the above claims in bad faith in the course of bankruptcy and application for immunity, the Defendant alleged to the effect that the above claims constitute “claims not entered in the creditor registry in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act and are excluded from the scope of immunity.

The term “claim not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the list of creditors. Thus, if the debtor was unaware of the existence of an obligation, such a case shall be determined.