1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 17, 2009, the Defendant filed a claim for damages against the Plaintiff by the Incheon District Court 2009Kadan62287, and the duplicate of the complaint was served on the Plaintiff on August 30, 2009.

On July 8, 2010, the above court rendered a ruling to recommend reconciliation that "the plaintiff shall pay to the defendant KRW 19,000,000,000, which shall be paid in installments from August 31, 2010 to the end of each month, and shall be paid in installments in 500,000 on the last day of each month from August 31, 2010, and the ruling to recommend reconciliation was finalized on July 27, 2010.

(hereinafter referred to as “instant claim”) b. the Defendant’s claim against the Plaintiff as determined by the Reconciliation Recommendation Decision.

On April 24, 2009, the Plaintiff filed an application for bankruptcy and immunity with the Incheon District Court Decision 2009Hadan3394, 2009Da3395, and was declared bankrupt on October 28, 2010 by the above court. After being granted immunity on September 7, 201, the above decision became final and conclusive around that time.

C. However, in filing for bankruptcy and application for immunity, the Plaintiff omitted the entry of the instant claim in the list of creditors.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, significant facts in this court, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion did not enter the instant claims in the list of creditors while filing an application for immunity does not intend to cause negligence by the Plaintiff, and thus, the instant claims were exempted from liability, and therefore, compulsory execution based on the decision of recommending reconciliation should be dismissed.

B. The Defendant’s assertion that the instant claim was not intentionally indicated in the creditors’ list, and thus, the instant claim is excluded from the scope of exemption.

3. Determination

A. The "claim that is not recorded in the list of creditors in bad faith by the debtor" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act is not recorded in the list of creditors even though the debtor knows the existence of the obligation against the bankruptcy creditor prior to the decision to grant immunity.