1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 15, 201, the Plaintiff entered into a credit guarantee agreement with the Defendant and received a loan from the National Agricultural Cooperative Federation.

B. On September 29, 2011, the Defendant subrogated for KRW 97,109,265 to the National Agricultural Cooperative Federation. Of these, the Defendant recovered KRW 463,890, which is part of the amount, and held the Plaintiff a claim for indemnity amounting to KRW 96,645,375 (hereinafter “instant claim”).

C. On December 26, 2012, the Plaintiff filed a bankruptcy and application for immunity with the Seoul Central District Court No. 2012Hadan12943, 2012, the Plaintiff was declared bankrupt on March 25, 2013, and was granted immunity on May 23, 2013, and became final and conclusive on June 11, 2013, and the list of creditors submitted by the Plaintiff was not indicated in the instant claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “DRB”) as to the cause of the claim, the obligor exempted shall be exempted from all liability to the bankruptcy creditor, except dividends under the bankruptcy procedure.

According to the above facts, the claim in this case constitutes a bankruptcy claim as a property claim arising from the causes arising before the plaintiff's declaration of bankruptcy, and thus, barring any special circumstance, the plaintiff's claim in this case against the defendant is exempted from liability for indemnity.

B. 1) The Defendant asserts that the instant claim constitutes non-exempt claims under Article 566 subparag. 7 of the Debtor Rehabilitation Act. 2) The “claim that is not entered in the creditors’ list in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act means the creditors’ list knowing the existence of the obligation against the bankruptcy creditor prior to the decision to grant immunity.