The judgment below is reversed, and the case is remanded to the Incheon District Court.

The grounds of appeal are examined.

1. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), a debtor, upon whom bankruptcy and immunity is granted, is exempted from all of his/her obligations to a bankruptcy creditor except dividends pursuant to bankruptcy procedures. Thus, any bankruptcy claim not entered in the list of creditors in the application filed for immunity shall also be exempted.

However, in a case where a debtor does not know the existence of a claim before immunity is granted and fails to enter such claim in the creditor list, even if such bankruptcy claim is not exempted, if the creditor was declared bankrupt (Article 566 subparagraph 7 of the Debtor Rehabilitation Act). The purport of the same provision is to protect the creditor who suffers disadvantage without having the opportunity to participate in the above procedure, in a case where a creditor is not entered in the creditor list, the creditor is deprived of the opportunity to raise an objection, etc. to the application for immunity within the scope of immunity procedure, and accordingly, the exemption is granted and the debtor becomes final and conclusive without any objective verification as to the grounds for non-permission of immunity under Article 564 of the Debtor Rehabilitation Act.

(see, e.g., Supreme Court Decision 2010Da49083, Oct. 14, 2010). Meanwhile, in cases where a bankruptcy is declared against a person who files an application for immunity, when the court decides to examine the debtor on the fixed date, it shall publicly notify the decision and serve the decision on the bankruptcy creditor, etc. known to the court as a bankruptcy creditor who

In addition, even if the examination date of the debtor is not set, the court shall make a decision to set the period for raising an objection and serve the creditor with the effect of immunity on him.

The bankruptcy creditor is within 30 days from the date of examination or determined by the court.