1. The defendant's Jeju District Court Decision 2009Kadan1213 against the plaintiff is dismissed from compulsory execution based on the judgment of the court below.

2...

Basic Facts

A. The Plaintiff filed an application for bankruptcy and discharge (hereinafter “instant bankruptcy and discharge”) with Jeju District Court No. 2009Hadan1183, 2009Da1193, the Plaintiff omitted the Defendant’s loan claim (hereinafter “instant claim”) against the Plaintiff on December 17, 1997 in the list of creditors submitted at the time of the instant bankruptcy and discharge application.

On June 30, 2010, the above court declared bankruptcy against the plaintiff. On December 10, 2010, when the court decided to grant the exemption, the above decision to grant the exemption became final and conclusive on December 25, 2010.

B. Meanwhile, the Defendant filed a loan lawsuit (No. 2009Da1213, Jeju District Court) against the Plaintiff regarding the instant claim and received a favorable judgment by public notice on August 4, 2009 (hereinafter “instant judgment”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1 and 2 (including additional numbers), the plaintiff's assertion of the whole purport of pleading, and the plaintiff's assertion of the bankruptcy and application for immunity, which were omitted in the creditor list, and did not result in bad faith, and thus, the above claim was also exempted from compulsory execution based on the decision of permission for exemption of this case. Thus, compulsory execution based on the decision of this case should be rejected.

Judgment

A. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), a claim on property arising from a cause that occurred before the debtor is declared bankrupt is a bankruptcy claim, and a debtor who has been exempted from liability pursuant to the main sentence of Article 566 of the same Act is exempted from all of his/her obligations to a bankruptcy creditor except dividends pursuant to the bankruptcy procedures. As found in the facts established earlier, the instant claim is a bankruptcy claim arising from a cause that occurred before the plaintiff is declared bankrupt, and as such, the decision to grant exemption to the plaintiff becomes final and conclusive on December 25, 2010, the plaintiff is liable to repay the instant claim, barring any special circumstances.