1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff’s spouse B entered into a credit guarantee contract with the Defendant, and the Plaintiff jointly and severally guaranteed the Defendant’s obligation under the said credit guarantee contract.

B. On April 30, 2003, the Defendant subrogated for KRW 12,219,756 of the Plaintiff’s spouse B’s debt.

(hereinafter) The defendant's subrogation has a claim against the plaintiff ("the claim of this case").

On July 13, 2012, the Plaintiff filed a petition for bankruptcy and immunity with the Incheon District Court 201Hadan3982 and 2012Ha3979. On August 30, 2012, the Plaintiff was declared bankrupt on August 30, 2012, and was granted immunity on October 31, 2012, and became final and conclusive on November 15, 2012, and the list of creditors submitted by the Plaintiff at that time did not state the instant claim.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “DRB”) as to the cause of the claim, the obligor exempted shall be exempted from all liability to the bankruptcy creditor, except dividends under the bankruptcy procedure.

According to the above facts, the claim in this case constitutes a bankruptcy claim as a property claim arising from the causes arising before the plaintiff's declaration of bankruptcy, and thus, barring any special circumstance, the plaintiff's claim in this case against the defendant is exempted from liability for indemnity.

B. 1) The Defendant asserts that the instant claim constitutes non-exempt claims under Article 566 subparag. 7 of the Debtor Rehabilitation Act. 2) The “claim that is not entered in the creditors’ list in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act means that the obligor knows the existence of the obligation against the bankruptcy creditor before immunity is granted, and is not entered in the creditors’ list.