1. The Plaintiff’s principal amount of the transferred money to the Defendant and its late payment damages amounted to KRW 3,995,274 were exempted.

1. Facts of recognition;

A. The Plaintiff was liable to the foreign exchange bank for loans such as principal amount of KRW 3,995,274 and delay damages therefor (hereinafter “instant loans”). The Defendant is the final transferee to whom the said loans were transferred on April 30, 2013.

B. On June 23, 2016, the Plaintiff filed a petition for bankruptcy with the Seoul Central District Court 2016Hadan4667, which was decided on September 12, 2016. On January 31, 2017, the Plaintiff was granted a decision to grant immunity by the same court 2016Ma4667, and the decision to grant immunity became final and conclusive on February 15, 2017.

(hereinafter “instant bankruptcy and exemption”) C.

The Plaintiff did not enter the instant debt in the list of creditors when filing the instant bankruptcy and application for immunity.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 to 3 evidence, the purport of the whole pleadings

2. Determination

A. The gist of the party’s assertion argues that the Plaintiff was exempted from the liability for the instant obligation by the decision on immunity, and the Defendant asserts that the Plaintiff constitutes non-exempt claims, since the Plaintiff did not enter claims against the Defendant in the list of creditors in bad faith.

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" means a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity and 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 does not constitute a non-exempt claim under the above provision, but if the obligor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision, even if the obligor was negligent

As such, a claim that is not entered in the list of creditors is excluded from immunity.