1. The plaintiff's claim is dismissed.

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

1. Facts without dispute;

A. On November 17, 2009, the defendant applied for a payment order against the plaintiff for the payment of loans under Cheongju District Court 2009Da1615, the defendant received the payment order (hereinafter "the payment order in this case") stating that "the plaintiff shall pay to the defendant 32,071,622 won and 12,40,000 won among them at the rate of 26% per annum from November 3, 2009 to the date of full payment" (hereinafter "the payment order in this case"), and the above payment order was delivered to the defendant on November 26, 2009 and was finalized on December 11, 2009.

B. Meanwhile, on April 14, 2010, the Plaintiff was granted immunity from the above court on January 25, 2011 (hereinafter “instant immunity exemption”) upon filing bankruptcy and application for immunity with the Cheongju District Court 201Hau District Court 201Hau 721, 201, 721, and on January 25, 201. The said decision became final and conclusive on February 9, 201, and the list of creditors submitted by the Plaintiff at the time of the said application for immunity did not indicate the claims under the instant payment order.

2. The plaintiff asserts that the plaintiff's obligation against the defendant against the payment order of this case was discharged due to the confirmation of the immunity decision of this case. The defendant asserts that the claim under the payment order of this case constitutes "a claim which is not entered in the creditor list in bad faith" and thus excluded from the scope of immunity.

3. Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but 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 otherwise, if the debtor was aware of the existence of an obligation, it is in the list of creditors by negligence.