1. The defendant's decision is based on the Seoul Central District Court Decision 2008Gaso25727 decided April 16, 2009.

1. Basic facts

A. On April 16, 2009, the Defendant filed a claim for reimbursement against the Plaintiff by Seoul Central District Court Decision 2008Gaso25727, and was sentenced by the above court on April 16, 2009 that “the Defendant (the Plaintiff of this case) shall pay to the Plaintiff (the Defendant of this case) the amount of KRW 1,829,00 and the amount calculated by the rate of KRW 25% per annum from February 16, 1992 to the date of full payment” (hereinafter “instant judgment”). The above judgment became final and conclusive on May 14, 2009.

(hereinafter referred to as “instant judgment claim or obligation” with respect to claims and obligations based on the foregoing final judgment. In the said litigation proceedings, service on the Plaintiff was made by means of service by public notice.

B. On June 19, 2009, the Plaintiff received a decision to grant immunity on February 10, 201 (hereinafter “instant decision to grant immunity”) by filing bankruptcy and application for immunity with the Suwon District Court 2009Da6412 and 2009Hadan6412, and the said decision became final and conclusive on February 26, 2011.

The Plaintiff stated the amount of claim equivalent to the total amount of KRW 64,209,097 in the list of creditors at the time, but did not state the Defendant and the instant claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that, at the time of the application for bankruptcy and exemption of the instant case, the Plaintiff did not know the existence of the instant claim and did not enter it in the list of creditors, and thus, the instant claim was exempted from the obligation under the instant immunity decision. Therefore, the Plaintiff asserts that compulsory execution based on the instant judgment should be dismissed.

B. "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 means that the obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, but is not entered in the list of creditors.