1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff entered into a credit card membership agreement with the Defendant and issued a credit card and delayed payment of the usage amount. The credit card usage amount remaining as of November 9, 2018 (hereinafter “instant credit card payment”) is the principal amount of KRW 3,907,801, interest amount of KRW 5,106,342.

B. On June 5, 2017, the Plaintiff filed an application for bankruptcy and exemption (hereinafter “instant bankruptcy and exemption”) with the Daegu District Court Decision 2017Hadan10102, 2017Ma102, and (hereinafter “instant bankruptcy and exemption”) and was granted immunity on November 13, 2018, and the decision became final and conclusive on November 28, 2018.

However, the list of creditors submitted by the Plaintiff in the above bankruptcy procedure did not state the credit card payment claim of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act as to the cause of the claim, an obligor exempted from liability for the whole amount of obligations to a bankruptcy creditor except dividends pursuant to the bankruptcy procedure. According to the facts acknowledged earlier, the credit card payment claim in this case constitutes a property claim arising from the cause that occurred before the plaintiff is declared bankrupt and constitutes a bankruptcy claim. Thus, barring any special circumstance, the Plaintiff’s liability for the credit card payment against the Defendant was exempted.

3. Judgment on the defendant's defense

A. The gist of the defense is that the Plaintiff did not enter the instant credit card payment claim in the creditors’ list in bad faith, and the said claim constitutes non-exempt claims under Article 566 subparag. 7 of the Debtor Rehabilitation Act.

B. “Claims not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to a debtor’s awareness of the existence of an obligation against a bankruptcy creditor before immunity is granted.