1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In around 2005, the defendant filed a lawsuit against the plaintiff (Seoul Central District Court 2005da2080118), and on December 20, 2005, the judgment of the court below that "the plaintiff shall pay to the defendant 4,351,613 won and the amount calculated by the rate of 5% per annum from April 3, 1993 to the date of full payment" was rendered. The judgment became final and conclusive on January 27, 2006.

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

On the other hand, the Plaintiff filed an application for individual rehabilitation with the Seoul Rehabilitation Court on February 21, 2013, and rendered a decision to authorize the repayment plan on July 31, 2013 from the relevant case (Seoul Rehabilitation Court 2013da 33075). The Plaintiff completed repayment according to the repayment plan and the decision to grant immunity on May 28, 2018 (hereinafter “instant decision to grant immunity”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. Inasmuch as the Plaintiff failed to enter the Plaintiff’s obligation against the Defendant in the list of creditors by negligence, according to the decision to grant immunity in the instant case, the Plaintiff’s obligation for indemnity under the final and conclusive judgment against the Defendant was discharged. Therefore, compulsory execution based on the final and conclusive judgment should be denied. 2) Since the claim for indemnity under the final and conclusive judgment of the Defendant is a damage claim arising from intentional tort, it constitutes non-exempt claim.

B. Article 625(2)4 of the Debtor Rehabilitation and Bankruptcy Act provides that liability for damages caused by a tort by an obligor shall not be exempted.

Meanwhile, Article 682 of the Commercial Act provides that an insurer who has paid the insured amount if the damage was caused by the act of a third party is transferred to the insurer without loss of identity, to the extent of the amount paid. Thus, the claim acquired by the insured, etc. is non-exempt claims.