1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 8, 2003, the defendant filed a lawsuit against the plaintiff for the claim for the payment of the construction price (this court's order 2003da14470) against the plaintiff on July 8, 2003, and rendered a ruling accepting a part of the defendant's claim on February 4, 2005 from the appellate court of the above case (Seoul District Court 2004Na6818), and the judgment becomes final and conclusive on March 12, 2005. The defendant filed an application for the payment order against the plaintiff (hereinafter referred to as "the instant claim") with the court on March 12, 2014 (hereinafter referred to as "the instant payment order"), and the payment order became final and conclusive on April 1, 2014.

B. On August 20, 2013, upon the Plaintiff’s bankruptcy and application for immunity, the District Court rendered a decision to grant immunity to the Plaintiff (the District Court Decision 201:304; hereinafter “instant decision to grant immunity”) on August 20, 2013, and the said decision was finalized on September 4, 2013.

C. However, the list of creditors submitted by the Plaintiff while applying for bankruptcy and exemption was omitted.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff was granted the decision to grant immunity of this case as above, and although the claim of this case is not indicated in the creditor list, it is not indicated in the creditor list in bad faith, and thus, the plaintiff's obligation is exempted. Thus, the defendant's compulsory execution based on the payment order of this case should be rejected.

B. As stated in Article 566 Subparag. 7 of the Debtor Rehabilitation Act, “a claim that is not entered in the list of creditors in bad faith” refers to a case where an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Therefore, when the obligor was unaware of the existence of an obligation, he/she did not know such fact.