1. The plaintiff's claim is dismissed.

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

1. The plaintiff was commissioned as an insurance solicitor of the defendant (the plaintiff was the "C corporation" and the plaintiff was changed to the current trade name) and was dismissed. The defendant filed a lawsuit against the plaintiff seeking payment of the remaining amount of recovery on advance payment allowances at the Seoul Central District Court Decision 2016Da5106073, which is 38,948,744 won and the claim for delayed payment thereof (hereinafter "the claim of this case") or the claim for late payment damages.

As a result of the above case by public notice, the above court rendered a judgment accepting the defendant's claim in whole on July 13, 2016, and the above judgment became final and conclusive around that time.

(hereinafter “The instant lawsuit”). The Plaintiff filed an application for adjudication of bankruptcy and immunity (hereinafter “instant bankruptcy and exemption”) with the Seoul Rehabilitation Court 2018, 101855, 2018Hadan1018555 (hereinafter “instant lawsuit”). At the time, the Plaintiff did not enter the instant claim in the list of creditors submitted to the said court, and was granted immunity from the said court on November 13, 2018.

[Reasons for Recognition] Facts without dispute, entry in Eul 1, 2 and 3 evidence (including each number in the case of provisional number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff: (a) the Plaintiff failed to enter the Defendant’s claim at the time of filing the instant exemption in the list of creditors, without being aware of the Defendant’s claim; (b) thus, the Plaintiff’s obligation against the Defendant was exempted; and (c) accordingly, compulsory execution based on the judgment of the instant lawsuit should be denied

B. Defendant: (a) the Plaintiff omitted the instant claims in bad faith at the time of the application for immunity; (b) thus, the Defendant’s instant claims constitute non-exempt claims and may be subject to compulsory execution.

3. Determination

A. "Claims not entered in the list of creditors in bad faith by the debtor" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter " Debtor Rehabilitation Act") means claims prior to immunity by the debtor.