1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 2013, the Plaintiff retired from office as a police official and was sentenced to a suspended sentence on October 2015 due to a case while in office as a public official. Accordingly, the Plaintiff fell under the grounds for the recovery of benefits under Article 31 of the Public Officials Pension Act, and thus, was liable to the Defendant for the recovery indicated in the purport of the claim against the Defendant (hereinafter “instant recovery”).

B. On June 19, 2017, the Plaintiff filed bankruptcy and application for immunity with Suwon District Court Decision 2016Hadan4484, 2016Da4484, and was granted immunity on June 19, 2017. The aforementioned immunity became final and conclusive on September 6, 2017, and the Plaintiff did not enter the Defendant’s claim for recovery against the Plaintiff in the list of creditors in the above bankruptcy and exemption case.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. A claim on property arising from a cause before a bankruptcy is declared against a debtor, that is, a bankruptcy claim, becomes final and conclusive pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and a decision on immunity against a bankrupt is final and conclusive, both the debtor's liability is extinguished in principle, and the right of action and executive power that ordinarily holds a claim shall be extinguished.

According to the above facts, the defendant's claim for recovery of this case against the plaintiff was caused by a cause which occurred before the declaration of bankruptcy, and constitutes a bankruptcy claim, and the decision to grant immunity of this case became final and conclusive, barring any special circumstances, it shall be deemed that the defendant

3. The defendant's assertion argues that since the plaintiff did not enter the above claim in the creditor list in bad faith with knowledge of the existence of the collection obligation of this case, the defendant's claim constitutes non-exempt claim.

"Claims that are not entered in the list of creditors in bad faith by an obligor" under subparagraph 7 of Article 566 of the Act shall be made to bankruptcy creditors before immunity is granted by the obligor.