1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On November 21, 2012, the Defendant filed a lawsuit against the Plaintiff for a loan claim (Seoul Western District Court 2012Da51854), and on March 19, 2013 in the said lawsuit, the judgment that “the Defendant would pay the Plaintiff KRW 28,00,000 and interest thereon at the rate of 20% per annum from February 6, 2013 to the date of full payment” (hereinafter “instant judgment”), which became final and conclusive on April 5, 2013.

B. On June 5, 2014, the Plaintiff filed a bankruptcy and application for immunity with the Seoul Central District Court Decision 2014Hadan5797, 2014Ma5797, the Plaintiff was declared bankrupt on August 28, 2014, and became final and conclusive around that time upon receiving immunity on February 6, 2015.

C. Under the list of creditors of the above bankruptcy and exemption case, the Plaintiff stated the claim in this case as “the name of creditor: C; the first claim amount: 25,000,000,000 won; and the remaining principal: 25,000,000 won.”

[Ground of recognition] Facts without dispute, entry in Gap evidence Nos. 1 through 2 (including various numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the cause of claim, barring any special circumstance, compulsory execution based on the judgment of this case shall be denied, barring any special circumstance, inasmuch as the Defendant’s claim against the Plaintiff constitutes a bankruptcy claim, and the immunity decision of this case is exempted from the Plaintiff’s liability pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”).

B. The Defendant asserts that the Defendant’s claim constitutes non-exempt claims, since the Plaintiff knew of the existence of the obligation according to the instant judgment at the time of application for the bankruptcy and immunity of the instant case and omitted or did not state it by negligence in the creditor list.

"Claims that an obligor has not entered in the list of creditors in bad faith" under subparagraph 7 of Article 566 of the Act means the existence of obligations against a bankruptcy creditor before immunity is granted.