1. The claim of this case is dismissed.

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

1. Determination on the cause of the claim

A. The facts of recognition are as follows: (a) on February 3, 2016, the Plaintiff filed a petition for adjudication of bankruptcy and exemption on June 21, 2016 with the Daegu District Court No. 2016Hadan444, 2016Ma44; and (b) on June 21, 2016, the Plaintiff was granted immunity; (c) in the case where the Plaintiff filed a petition for adjudication of bankruptcy and exemption, the credit card claims of D and E were entered in the list of creditors, but the credit card claims of the Defendant stated in the Defendant’s claim against the Plaintiff (hereinafter “instant credit card claims”) are not

B. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the obligor who has obtained immunity shall be exempted from all of the obligations owed to the bankruptcy creditors except for the distribution under the bankruptcy procedure.

Therefore, barring special circumstances, the Plaintiff’s instant credit card claim against the Defendant was exempted from liability.

I would like to say.

2. Judgment on the defendant's defense

A. The Defendant’s assertion that the Plaintiff did not enter the instant claim in the creditors’ list in bad faith, and thus, the Defendant asserted that the instant credit card claim constitutes non-exempt claims under Article 566 subparag. 7 of the Debtor Rehabilitation Act.

B. Determination 1: “Claims not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to cases where a debtor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, is not entered in the list of creditors. Therefore, 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 non-exempt claims under the above provision, but if the debtor was aware of the existence of an obligation, he/she did not enter it in the list of creditors by negligence.