1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 1, 2015, the Plaintiff jointly and severally guaranteed the Defendant’s loan obligation of KRW 79,244,171 (hereinafter “the instant guaranteed obligation”) with respect to the Defendant’s principal amounting to KRW 8,983,328, interest 70,260,843 as of September 1, 2015.

B. On June 12, 2015, the Plaintiff filed bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with the Jeonju District Court No. 2014Hadan477, 2014 and 477, and received a decision to grant immunity from the said court, and the said decision to grant immunity became final and conclusive on June 27, 2015.

C. However, the list of creditors submitted by the Plaintiff while making the instant bankruptcy and application for immunity was omitted.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the instant guaranteed obligation was omitted in the list of creditors by negligence at the time of the bankruptcy and application for immunity, and did not enter the instant guaranteed obligation in bad faith, and thus, the instant guaranteed obligation was exempted from immunity upon the Plaintiff’s exemption from immunity.

B. The Plaintiff alleged in the Defendant’s assertion was aware of the existence of the instant guaranteed liability in the course of the instant bankruptcy and application for immunity, but did not enter the instant guaranteed liability in the list of creditors in bad faith. Therefore, pursuant to Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the Plaintiff’s instant guaranteed liability against the Defendant was not exempted.

3. Determination

A. “Claims that are not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to cases where an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Therefore, the obligor was unaware of the existence of an obligation.