1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 4, 2005, the non-party Cho Ho Bank Co., Ltd. transferred to the defendant the joint and several sureties loan claims ( principal amounting to KRW 4 million and interest thereon, etc.) against the plaintiff, and notified the plaintiff of the transfer of the above credit.

B. On December 30, 2005, the Defendant filed a lawsuit against the Plaintiff for the claim for the takeover amount against the Seoul Central District Court Decision 2005Da2286527, and received a decision of performance recommendation from the above court on January 9, 2006, and the above decision became final and conclusive on January 27, 2006.

(hereinafter referred to as the above, the Defendant’s claim against the Plaintiff (hereinafter referred to as “instant claim for acquisition by transfer”).

On June 5, 2008, the Plaintiff filed an application for immunity for individual bankruptcy and immunity (hereinafter “instant application for immunity”) with the Daejeon District Court 2014, 1018 and 1021, and the said court rendered a decision to grant immunity on July 21, 2014 (hereinafter “instant decision to grant immunity”). The said decision became final and conclusive on August 5, 2014, and the instant claim for the amount of taking over was not included in the list of creditors.

[Ground for Recognition: Facts without dispute, significant facts in this court, entries in Gap 1 through Gap 3, purport of the whole pleadings]

2. The Plaintiff asserts that, in the course of the bankruptcy and application for immunity in this case, the Plaintiff omitted the claim of this case in the list of creditors, but this did not have been maliciously omitted, and that the Plaintiff’s obligation against the Defendant was also exempted by the decision of immunity in this case

As to this, the defendant asserts that the decision of immunity of this case does not extend to the claim of this case, since the plaintiff knew the existence of the claim of this case in bad faith and omitted from the list of creditors.

"Claims that are not entered in the list of creditors in bad faith by an obligor" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "Act") shall be known that the obligor has a claim before immunity is granted.