1. The Plaintiff’s liability for reimbursement of KRW 41,551,481 against the Defendant under a credit guarantee agreement between the Plaintiff and the Defendant.

1. Basic facts

A. On January 29, 1997, the Plaintiff received a loan of KRW 30,000,000 from the original agricultural cooperative around January 29, 199, and the Defendant provided a credit guarantee to the Plaintiff’s original agricultural cooperative.

B. On December 31, 2001, the Plaintiff failed to repay the above loans, and on December 31, 2001, the Defendant subrogatedly repaid the principal, interest, and expenses of the above loans to the original agricultural cooperative of the State.

(C) The Plaintiff’s liability for indemnity against the Defendant following the repayment of subrogation (hereinafter “liability for indemnity of this case”).

On May 27, 2014, the Plaintiff was subjected to the ruling of bankruptcy as the Chuncheon District Court 2013Hadan1282 case. On May 27, 2014, the Plaintiff was granted a decision of immunity as the 1281 case and the decision of immunity became final and conclusive on June 11, 2014.

At the time that the plaintiff applied for the above bankruptcy and exemption decision, the list of creditors does not state the obligation of indemnity of this case.

[Ground of Recognition] Unstrifed Facts, Gap evidence 1, 2, 4 and Eul evidence 1 to 3

2. Determination

A. The plaintiff asserts that the obligation of indemnity of this case was exempted since he was granted immunity, and the defendant asserted that the plaintiff did not discharge the obligation of indemnity of this case since the plaintiff knew that he did not enter the obligee in bad faith.

B. According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even though the obligee’s entry is omitted in the list of creditors submitted at the time of application for immunity, all of the obligee’s obligations to the obligee whose entry is omitted are included. However, the obligor is not exempted only when the obligee maliciously performed the obligor’s omission, and the obligor’s burden of proof of omission by the obligor’s bad faith lies in the Defendant, the obligee.

We look back to the instant case.

Since the plaintiff, who is the debtor, became final and conclusive upon the decision to grant immunity, it is deemed that all bankruptcy creditors including the defendant in Japan have been exempted from immunity.

With respect to this,