1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 11, 2016, the Plaintiff filed an application for bankruptcy and exemption (the Jeonju District Court 2016Hadan194, 2016 Ma194), which was finalized on February 9, 2017 by obtaining immunity from the above court on February 24, 2017.

B. Meanwhile, prior to the determination of the above decision to grant immunity, the Defendant held the Plaintiff’s claim against the transferee (such as principal KRW 2,111,741 and interest thereon; hereinafter “instant claim”). However, the Plaintiff omitted the claim in the list of creditors bankrupt and exemption.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination:

A. The Plaintiff asserts that the exemption effect also extends to the instant claim that occurred prior to the confirmation of immunity, because it is merely an omission in the creditor list because the transferred claim is too large and thus it was impossible to recognize the unregistered claim.

The defendant asserts that the decision of immunity does not extend to the creditor's list because the plaintiff knew of the claim of this case and omitted it in bad faith in the creditor list.

B. Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “a claim that is not entered in the list of creditors in bad faith by an obligor” means a claim that is not entered in the list of creditors despite the obligor being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted.

If a debtor was unaware of the existence of an obligation, even if he/she was negligent in not knowing the existence of an obligation, it does not constitute a non-exempt claim as prescribed in the above provision, but otherwise, if the debtor was aware of the existence of an obligation, it constitutes a non-exempt claim as prescribed in the above provision, even if he/she failed

The reasons why a claim not entered in the list of creditors is excluded from the list of creditors, if there is a creditor who is not entered in the list of creditors, that creditor shall raise an objection to the application for immunity within the scope of the procedures of immunity.