1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 13, 2008, the defendant filed a loan claim lawsuit against the plaintiff (Seoul Southern District Court 2008Gahap4712) and decided on August 14, 2008 by the above court that "the plaintiff shall pay to the defendant 10,000,000 won and 30% interest per annum from May 8, 2002 to the day of full payment." The above decision became final and conclusive on September 4, 2008.

(hereinafter the above judgment is referred to as “the final judgment of this case” and the above claim is referred to as “the loan claim of this case”). B.

The Plaintiff was granted immunity on January 19, 2015 at the Ulsan District Court Decision 2014Gu413, 2015Hadan414, and the decision of immunity became final and conclusive around that time, and the list of creditors of the said decision of immunity (hereinafter “the decision of immunity”). The Defendant’s loan claims are omitted in the list of creditors of the said decision of immunity.

[Ground of recognition] Facts without dispute, Gap 1-6 evidence, Eul 1-1-2 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s final judgment at the time of the Plaintiff’s application for bankruptcy or exemption was served by public notice, and thus, the existence of the instant loan claims was omitted in the creditors’ list.

As long as the Plaintiff is not maliciously omitted, the effect of immunity by the decision on immunity of this case is not limited to the loan claim of this case, the Plaintiff is seeking the denial of compulsory execution.

B. Since the Defendant knowingly omitted the instant loan claim from the creditor list, it does not affect the exemption of immunity of this case.

3. Determination

A. Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “A debtor’s right not entered in the list of creditors in bad faith” refers to a case where the debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter it in the list of creditors. Therefore, the debtor knows the existence of an obligation.