1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, under the trade name of “C”, engaged in health food and miscellaneous retail business, and on October 12, 2006, the Plaintiff borrowed KRW 3,178,840 from the Defendant in advance from the Defendant to the Plaintiff, on condition that the Plaintiff serves as a business employee, and deducted the Plaintiff from the operating allowance. However, when it is impossible to deduct the amount due to the absence of allowances, the Defendant agreed to immediately pay in cash.

(hereinafter “instant debt”). (b)

The Plaintiff filed bankruptcy and application for immunity with the Daegu District Court No. 2007Hadan10095, 2007 10095.

The above court decided to grant immunity on September 24, 2008, and the decision to grant immunity became final and conclusive on October 9, 2008.

At the time of filing an application for bankruptcy and immunity, the Plaintiff omitted the instant obligation against the Defendant in the list of creditors.

C. The Defendant applied for a payment order against the Plaintiff as Daegu District Court 2008Guj14757, and the said court issued a payment order on December 15, 2008, and the Plaintiff filed an objection on December 24, 2008, and the said court rendered a favorable judgment against the Defendant on May 8, 2009 (2009Gau22519), and the said judgment became final and conclusive on June 25, 2009.

[Ground of recognition] Facts without dispute, evidence Nos. 2-1, 2-2, evidence Nos. 1 through 5, purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that the plaintiff did not recognize the debt of this case at the time of the application for bankruptcy and exemption from liability, but did not intentionally omit, and thus, it has the effect of exemption from liability of this case.

B. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not entered in the list of creditors in bad faith by an obligor" refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the list of creditors. Therefore, when the obligor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, it