1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On November 7, 1995, the plaintiff filed a lawsuit against the defendant and the defendant's husband C by the Busan District Court 95Kadan12585, and rendered a favorable judgment against the plaintiff on November 7, 1995, and became final and conclusive on December 23, 195.

B. In order to extend the prescription period of the above final and conclusive judgment, the Plaintiff filed a lawsuit for the purchase price claim with Busan District Court 2007Da158808, March 21, 2008, and paid the Plaintiff KRW 33,506,740 jointly and severally with the Defendant and Nonparty C, and the damages for delay thereof, which became final and conclusive on April 15, 2008.

C. On the other hand, on March 22, 2016, the Defendant filed an application for bankruptcy or exemption with the Changwon District Court, and the said decision became final and conclusive around that time after being granted immunity on June 17, 2016 in the case of adjudication of bankruptcy (Seoul District Court No. 2016, May 570, 2016).

The plaintiff was not stated in the list of creditors submitted by the defendant to the above court.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers), Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act states that “a claim which an obligor has not been entered in the list of creditors in bad faith” refers to a case where an obligor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, failed to enter it in the list of creditors. Therefore, if the obligor 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 obligor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision even if he

The obligor's bad faith with respect to the preparation of a list of creditors that is not inconsistent with the facts is such obligor.