1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. In full view of the purport of the entire pleadings as to the evidence Nos. 1 through 3, 5, and 6 of the judgment as to the cause of the claim, the defendant is obligated to pay the plaintiff the money stated in the claim.

2. Judgment on the defendant's assertion

A. The defendant asserts that Busan District Court Decision 2014Hadan1916, 2014Hun-Ba1916, 1916 was declared bankrupt and immunity, and that the defendant did not have omitted the debt of this case in bad faith in the creditor list, and that the above immunity exemption effect also extends to the debt of this case.

B. The phrase “claim which is not recorded in the list of creditors in bad faith by an obligor” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) refers to a case where the obligor, despite being aware of the existence of the claim before immunity is granted, is not recorded in the list of creditors.

Therefore, the grounds for excluding the claim that is not entered in the creditors' list as above are deprived of the opportunity to promote the fairness of the procedure for immunity by the creditor who omitted his/her objection to the exemption within the procedure for immunity, and accordingly, the exemption is permitted without any objective verification procedure as to the grounds for disqualification of exemption under Article 564 of the Act, and when it becomes final and conclusive, it is a legal right given to the creditor who suffers disadvantage without the opportunity to participate in such procedural verification procedure. Thus, it is difficult to readily recognize the debtor's good faith in preparing the creditors' list on the sole ground that the omitted creditors or the amount of credit is small or small, or the materials submitted by the debtor are not sufficient to deny the exemption.

(2) The debtor and the debtor shall be entitled to any omitted claim.