1. The Plaintiff’s principal amount pursuant to a monetary loan agreement dated January 31, 2013 against the Defendant is KRW 7,712,309 and its corresponding amount.

1. Basic facts

A. On January 31, 2013, the Plaintiff borrowed KRW 8 million from the Defendant. On December 6, 2017, the amount of the principal and interest payable by the Plaintiff as of December 6, 2017 is KRW 21,617,393 (= Principal KRW 7,712,309 KRW 13,905,084).

(hereinafter “instant debt”). B.

The Plaintiff filed an application for individual bankruptcy and immunity in accordance with the court 2015Hadan826, 2015Hun-Ba826, the Plaintiff filed an application for immunity. At that time, the list of creditors submitted by the Plaintiff included KRW 426,730,546 (principal principal KRW 417,342,953 KRW 9,387,593), but the Defendant’s debt was omitted.

On August 28, 2015, after the court declared the plaintiff bankrupt, the court made a decision to grant immunity to the plaintiff (hereinafter referred to as "decision to grant immunity of this case") and the decision became final and conclusive around that time.

C. Notwithstanding the decision on immunity of this case, the Plaintiff filed the instant lawsuit upon receiving debt collection, including guidance on debt reduction and exemption, following the Defendant’s exemption.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to Article 566 of the former Debtor Rehabilitation and Bankruptcy Act, a debtor who receives a decision of bankruptcy and a decision of immunity 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 for immunity is also subject to immunity.

However, Article 7 of the same Act provides that “a claim that is not entered in the list of creditors in bad faith is a non-exempt claim.” This means a case where an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Thus, 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 does not constitute a non-exempt claim under the same provision.