1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 21, 2013, the Defendant filed a lawsuit against the Plaintiff for a loan claim with the Gwangju District Court 2013 Ghana5699, and the said court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) on August 2, 2013 to the effect that “the Plaintiff shall pay to the Defendant the amount of KRW 5,112,163 and the amount calculated by the rate of 19% per annum from August 19, 2003 to the date of complete payment” (hereinafter “decision on performance recommendation of this case”), and the said decision was served on the Defendant A on July 18, 2013.

8.2.Final:

(B) The Plaintiff’s debt owed to the Defendant, which became final and conclusive in the instant performance recommendation decision, (hereinafter “instant loan debt”).

On October 25, 2013, the Plaintiff filed an application for bankruptcy and exemption with the Gwangju District Court Decision 2013Hadan2487, 2013Ma2487 (hereinafter “instant application for bankruptcy and exemption”), and the said court rendered a decision of exemption on July 2, 2014, and the said decision became final and conclusive on July 17, 2014. The Plaintiff did not enter the obligations of the instant loans in the list of creditors at the time of the instant application for bankruptcy and exemption.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5, Gap evidence 6, the purport of the whole pleadings

2. The plaintiff asserts that the decision of exemption does not include the obligation of the defendant and the transferee of this case in the list of creditors by negligence at the time of the application for exemption of this case, but does not include it in the list of creditors in bad faith, and thus the effect of the decision of exemption of this case extends to the obligation

Article 566 (proviso 7) of the Debtor Rehabilitation and Bankruptcy Act refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, but fails to enter such claim in the creditor list. Thus, when the obligor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence of the obligation, Article 566 (proviso) of the Act.