1. The Plaintiff’s acquisition amount of KRW 5,040,143 against the Defendant, and interest thereon and damages for delay are assessed against the Defendant.

1. Facts of recognition;

A. On March 23, 2005, the Defendant received the credit card payment of KRW 5,040,143 from the Plaintiff by the National Agricultural Cooperative Federation, interest thereon, and damages for delay.

B. On September 25, 2012, the Plaintiff was declared bankrupt by Suwon District Court Decision 201Hadan9224, and was granted immunity on December 26, 2012 by Suwon District Court 201Hawon District Court 201Da9224, and the above immunity became final and conclusive on January 10, 2013. At that time, the list of creditors omitted the entry of credit card payment claims.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, the purport of the whole pleadings

2. Determination

A. The summary of the party's assertion (1) The plaintiff did not know the existence of the above credit card payment obligation at the time of the application for bankruptcy and exemption and omitted entry in the creditor list. Therefore, the plaintiff is exempted from the liability for the above credit card payment obligation.

(2) As the Plaintiff knew of the existence of the above credit card payment, and did not enter it in the list of creditors, the Plaintiff is not exempt from liability for the above credit card payment.

B. Article 566 subparagraph 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 case where an obligor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision to grant immunity and fails to enter it in the list of creditors. Therefore, when the obligor 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 above provision, but if the obligor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision even if the obligor was

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 shall be exempted from the list.