1. Ascertainment that the Plaintiff’s obligation in the separate sheet against the Defendant was exempted.

2. The costs of lawsuit shall be individually counted.

1. Basic facts

A. On February 6, 2009, the Defendant guaranteed the repayment of the obligation to the Defendant to the NAFFC. At the time, the Plaintiff guaranteed the repayment of the obligation to the Defendant.

As of January 10, 2018, the amount of the Plaintiff’s surety obligation as of January 10, 2018 is as specified in the attached Table (hereinafter “instant obligation”).

B. The Plaintiff filed an application for individual bankruptcy and application for immunity with the Daegu District Court Decision 2011Hadan6416, 201Ma641,641,6416. At that time, the creditor list submitted by the Plaintiff included the total amount of KRW 104,371,908 (i.e., the remaining principal amount of KRW 98,987,013, the remaining interest amount of KRW 5,384,895), but the instant obligation against the Defendant was omitted.

C. On February 21, 2013, the said court rendered a decision of abolition of bankruptcy and a decision of immunity (hereinafter “decision of immunity”) against the Plaintiff, and the said decision became final and conclusive on March 8, 2013.

Despite the decision on immunity of this case, the Plaintiff filed the instant lawsuit after the Defendant’s debt collection.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination

A. According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a debtor upon whom immunity is granted is exempted from all obligations to a bankruptcy creditor except dividends pursuant to bankruptcy procedures. Thus, bankruptcy claims not entered in the list of creditors in the application for immunity are also subject to immunity.

However, Article 7 of the same Act provides for “a claim that is not entered in the list of creditors in bad faith” as a non-exempt claim. This means a case where an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Therefore, when the obligor was unaware of the existence of an obligation, the obligor was negligent in not knowing the existence of the obligation.