1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On May 14, 2008, the Plaintiff received a loan of KRW 20,000,000 from the National Agricultural Cooperative Federation under the Defendant’s credit guarantee, and the Plaintiff was unable to repay the said loan, and the Defendant paid the Plaintiff a total of KRW 20,545,205 on July 1, 2010 by subrogation to the National Agricultural Cooperative Federation.

B. On the other hand, on February 24, 2010, the Plaintiff filed an application for immunity from individual bankruptcy and immunity with the Incheon District Court 2010Hadan1091, 2010 Ga1090 (hereinafter “instant bankruptcy and immunity”). At the time of filing the application, the Plaintiff entered six creditors, including the above National Agricultural Cooperative Federation, in the list of creditors, but the Defendant did not enter in the list of creditors.

C. On February 17, 201 in the above individual bankruptcy and exemption case against the Plaintiff, the bankruptcy decision was rendered on February 17, 201, and the immunity decision was rendered on May 31, 2011, and the above bankruptcy and exemption decision became final and conclusive.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3 (including additional number), Eul evidence 1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the defendant did not enter the defendant in the creditor list by negligence at the time of individual bankruptcy and application for immunity, the effect of immunity on the plaintiff extends to the defendant.

B. (1) The phrase “claim which is not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor, despite being aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, fails to enter it in the list of creditors. Thus, if 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 negligent in not knowing the existence of the obligation, if he knew of the existence of the obligation, he did not enter it in the list of creditors by negligence.