1. The Plaintiff’s obligation to the Defendant, 15,157,805 won, interest thereon, and delay damages, etc.

1. Facts of recognition;

A. The Plaintiff filed an application for bankruptcy and exemption ( Daegu District Court Decision 2010Hadan7045, 2010Ma7045, 7045) and obtained bankruptcy and exemption from immunity from the above court, and the exemption from immunity became final and conclusive on October 11, 201.

B. Meanwhile, on the other hand, on January 26, 2011, the claims against the Plaintiff of the foreign exchange bank were transferred in sequence to the Defendant on March 15, 201, and on March 15, 2012, the Defendant issued a notice of transfer of the claim KRW 15,157,805 (hereinafter “instant claim”) to the Plaintiff on February 10, 2017.

C. The list of creditors submitted by the Plaintiff at the time of the above bankruptcy and exemption does not include the claim of this case.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination:

A. According to the above facts, the instant claim constitutes a bankruptcy claim with a claim for property arising from a cause arising prior to the declaration of bankruptcy, and barring any special circumstance, the obligor who received the exemption is exempted from the liability for the whole amount of the obligation to the bankruptcy creditor except for the distribution pursuant to the bankruptcy procedures. Thus, the instant claim

In addition, as long as the defendant contests this, the plaintiff has a benefit to seek confirmation.

B. As to this, the defendant asserts that the exemption does not extend because the plaintiff did not enter the claim of this case in the creditor list in bad faith.

The term "claim that is not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act means 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, when 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 otherwise, the debtor knows the existence of an obligation.