1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (1) The Plaintiff was granted a loan on August 30, 2019 with a maturity of KRW 12 million from D Association under the Defendant’s credit guarantee (a guarantee amount of KRW 11.4 million, guarantee period of KRW 3 million, August 30, 2019) on September 2, 2014.

(2) On April 16, 2015, the Defendant subrogated for KRW 11,725,642 to the D Association on behalf of the Defendant under the said credit guarantee.

(3) As of May 1, 2018, the Plaintiff’s liability for reimbursement amounting to KRW 15,420,151 (i.e., the remainder of the amount of subrogation KRW 11,368,032, 4,052,119).

B. (1) On February 25, 2015, the Plaintiff was granted a decision to grant immunity (hereinafter “instant decision to grant immunity”) on December 14, 2015, by filing an application for immunity with the Daegu District Court 2015Gu766, and the said decision to grant immunity became final and conclusive around that time.

(2) The Plaintiff did not enter the Defendant’s claim for reimbursement against the Plaintiff in the list of creditors of the instant case.

[Ground] Evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The effect of the decision to grant immunity of this case does not extend to the above claim, since the plaintiff alleged by the plaintiff in bad faith omitted the defendant's claim for reimbursement in the creditor list.

B. (1) Determination (1) The term “claim which is not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor 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, if the debtor 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 debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision even if he did not enter it in the list

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