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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the evidence evidence Nos. 1, 2, and 8, the Defendant filed a lawsuit against the Plaintiff on December 24, 2014 against the Seoul East Eastern District Court 2014Daso349564, and filed a lawsuit on the claim for the amount of money transferred to the Plaintiff, and rendered a judgment on December 24, 2014 that “the Defendant (the Plaintiff) shall pay to the Plaintiff (the Plaintiff) 41,801,87 won and 11,845,222 won with 24% interest per annum from May 22, 2014 to the day of full payment.” The above judgment becomes final and conclusive (hereinafter “instant judgment”), and the Plaintiff filed a petition for bankruptcy and exemption with the Busan District Court 2016Hadan10019, 2016, 100019, and 2016, which became final and conclusive on September 9, 2016.
2. The assertion and judgment
A. The plaintiff asserts that the plaintiff is not responsible for paying the defendant's obligations, since the court's decision to grant immunity became final and conclusive.
The defendant asserts that the defendant's claim does not constitute the exemption claim because the plaintiff knew of the existence of the claim, but was granted immunity by omitting the defendant's claim in the creditor list.
B. (1) Determination (1) “Claims in bad faith and not entered in the list of creditors” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to cases where a debtor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, failed 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 a non-exempt claim under the above provision, but if the debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision even if the debtor was negligent in failing to enter it in the list of creditors.
(2) Gap evidence 1 to 3, 5 to 7, 9 (including paper numbers).