1. The plaintiff's claim is dismissed.

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

Facts of recognition

In around 2007, the Plaintiff filed a petition for bankruptcy or discharge with the District Court Decision 2007Hadan4870, 2007 Ma4878, and on April 4, 2008, the said decision became final and conclusive around that time.

At the time of the bankruptcy and application for immunity, the Plaintiff did not enter the following credit card payment obligations against the Defendant in the court at the time of preparing and submitting the list of creditors.

1) The Defendant is a creditor holding a credit card payment claim worth KRW 10 million with the principal around August 2005. Around 2017, the Defendant filed a claim against the Plaintiff for payment of the credit card payment claim against the Plaintiff as Seoul Western District Court Decision 2017 tea472, and the payment order in the above case (hereinafter “instant payment order”).

(2) On November 2005, the Plaintiff filed an application with the Credit Counseling and Recovery Service for debt settlement to the Defendant. Since then, the Plaintiff repaid its debt settlement from around 2006 to May 2007, and suspended its repayment.

[Reasons for Recognition] The Plaintiff’s assertion as to the absence of dispute, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 through 6, and the cause of claim as a whole of the pleadings, and the Plaintiff’s assertion that the Defendant was exempted from the obligation due to the confirmation of the decision on immunity of this case, and sought non-performance of compulsory execution based on

Judgment

“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 is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter the same in the list of creditors. Therefore, even if the obligor was aware of the existence of an obligation, it constitutes non-exempt claims under the aforementioned provision, even if the obligor did not enter it in the list

In addition, the reasons why the claim that is not entered in the list of creditors is excluded from the exemption.