1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 15, 2015, the Plaintiff borrowed KRW 3 million from C Co., Ltd. (hereinafter “instant loan”). On December 23, 2016, the Defendant transferred the instant claim against the Plaintiff from the said company, and notified the Plaintiff of the transfer around that time.

B. (1) On July 12, 2017, the Plaintiff filed an application for bankruptcy and exemption (2017, 1227, 2017, 1230) with the Daejeon District Court, and was granted immunity on July 11, 2018, and the decision to grant immunity (hereinafter “instant decision to grant immunity”).

(2) However, the list of creditors of the decision on immunity of this case does not state the obligation of this case in the list of creditors.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each branch number, if any) and the purport of the whole pleadings

2. The plaintiff asserted and determined that the list of creditors of the decision to grant immunity of this case does not specify the defendant as the creditor, but that the decision to grant immunity of this case is invalid because the plaintiff was omitted by negligence.

“Claims that are not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) refers to cases where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Thus, when 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 Act even if the debtor was negligent in not knowing the existence of the obligation, but if the debtor was aware of the existence of an obligation, it constitutes non-exempt claims under the above Act even if he did not enter it in

The reason why the claim that is not entered in the list of creditors is excluded from the scope of immunity.