1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant holds against the Plaintiff the “2,250,000 won and damages for delay (hereinafter “the instant claim”) in accordance with the decision on performance recommendation made on May 29, 2007 for the wage of Seoul Southern District Court 2007Gau136206, Seoul Southern District Court 2007.”

B. On April 23, 2007, the Plaintiff filed a bankruptcy and application for immunity with the Daegu District Court Decision 2007Hadan5428 and 2007Ma5428, and was declared bankrupt on November 21, 2008 from the above court, and was granted immunity on August 27, 2009, and the above immunity became final and conclusive on July 21, 2009.

C. The list of creditors of the above bankruptcy and immunity case contains omission of the defendant's claim of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, significant facts in this court, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that at the time of bankruptcy immunity, the plaintiff did not know the existence of the obligation against the defendant in bad faith, but did not know the existence of the obligation itself by negligence. Thus, the plaintiff's obligation against the defendant was exempted according to the effect of final decision of immunity.

B. (1) The phrase “claim which is not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Thus, if 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 above provision, but if the debtor was aware of the existence of an obligation, even if he did not enter it in the list of creditors by negligence, it constitutes non-exempt claim under the above provision

As such, a claim that is not entered in the list of creditors.