1. The plaintiff's claim is dismissed.

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

1. On January 30, 2012, the Plaintiff asserted that he/she had been granted immunity on March 13, 2013 by filing an application for bankruptcy and exemption with the Daegu District Court (Seoul District Court Decision 2012Hau433, 2012Hau433), and obtaining immunity from immunity on March 13, 2013.

Since the plaintiff is responsible for several obligations, the plaintiff did not think of the joint and several liability obligations of the defendant, and the decision of immunity was made to omit the above obligation in the list of creditors by negligence, and the defendant should be urged to pay the obligation from the defendant.

Since the plaintiff did not intentionally omit the defendant from the creditor list, the plaintiff's obligation to the defendant and damages for delay also have the effect of immunity.

Therefore, compulsory execution based on the decision of the payment order in the case of claim for reimbursement against the defendant against the plaintiff by the Daegu District Court Kimcheon-si, Seoul District Court 2012j371 (hereinafter "the payment order in this case") should not be permitted.

2. Determination

A. “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 means cases where a debtor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, failed to enter the same 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 a non-exempt claim under the aforementioned provisions even if the debtor was negligent in not knowing the existence of the obligation. However, if the debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the said provisions even if he did not enter it in

The reason 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 is deprived of the opportunity to file an objection, etc. to the application for immunity within the scope of the immunity procedure.