1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 20, 2010, the Defendant applied for a payment order against the Plaintiff seeking payment of the acquisition amount under Suwon District Court Branch Branch 2010 tea 2010 tea 4260, and received payment order from the above court on August 31, 2010. The instant payment order was served on the Plaintiff on September 9, 2010, and became final and conclusive around that time.

B. On November 17, 2010, the Defendant requested a seizure and collection order as to the Plaintiff’s deposit claims against the Industrial Bank of Korea, etc., with the title of execution of the instant payment order finalized by Suwon District Court 2010TT 26470, and received a seizure and collection order from the above court.

C. On the other hand, on January 6, 201, the Plaintiff filed a bankruptcy and application for immunity with the Suwon District Court 201Hadan104, 201Hau 104, 201, 104, and received a decision of immunity from the above court on December 12, 2011 (hereinafter “decision of exemption”). The instant decision of exemption became final and conclusive on December 27, 2011.

However, the list of creditors submitted by the plaintiff at the time of the application for exemption of this case did not include the defendant's claims.

[Reasons for Recognition] The written evidence Nos. 1 through 6, Eul Nos. 1 and 2 (including each number), and the purport of the whole pleadings

2. The plaintiff's assertion that the exemption decision of this case became final and conclusive, and the plaintiff's obligation to the defendant, such as the transfer money, was exempted, and the defendant asserts that since the plaintiff did not enter the defendant's obligation to the plaintiff in the list of creditors in bad faith, the plaintiff's obligation to the defendant was not exempted.

3. Determination

A. Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not recorded in the list of creditors in bad faith by an obligor" refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision of immunity, but fails to enter it in the list of creditors. Therefore, when the obligor was unaware of the existence of an obligation, the obligor