1. It is based on the judgment of the Suwon District Court rendered on May 20, 2016, which rendered to the Plaintiff by the Defendant.

1. Basic facts

A. On January 28, 2016, the Defendant filed a lawsuit against the Plaintiff for the claim for the payment of goods under this Court No. 2016 Ghana40711, and the said court rendered a judgment on May 20, 2016 that “the Plaintiff shall pay KRW 652,00 to the Defendant and its delay damages,” and the said judgment became final and conclusive on June 8, 2016.

(hereinafter “instant judgment”). (b)

The Defendant filed a claim attachment and collection order against the Plaintiff based on the above judgment under the court 2016TT 41704, and issued a claim attachment and collection order based on the above judgment on July 21, 2016.

C. The Plaintiff received a ruling of bankruptcy and exemption from liability as the Incheon District Court 2017do2424, 2017Hadan2426, and the decision of immunity became final and conclusive on May 10, 2018. At the time, the Defendant’s claim against the Plaintiff (hereinafter “instant claim”) was not entered in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. The term “claim that is not entered in the creditors’ list in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) refers to a case where a debtor, despite being aware of the existence of an obligation against a bankruptcy creditor prior to immunity, fails to enter it in the creditors’ list. 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 said Act (see Supreme Court Decision 2005Da76500, Jan. 11, 2007). However, if the debtor was aware of the existence of an obligation, even if he did not enter it in the creditors’ list by negligence, it constitutes a non-exempt claim under the said Act.

The reason why the claim that is not entered in the list of creditors is excluded from the list of creditors.