1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from February 16, 2016 to the date of full payment.

1. In full view of the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff lent KRW 50,000,000 to the defendant on February 3, 2006.

(hereinafter “instant loan”). Accordingly, the Defendant is obligated to return the instant loan to the Plaintiff, barring any particular circumstances.

2. Judgment on the defendant's defense

A. The gist of the parties’ assertion argues that the Defendant exempted the Plaintiff from the obligation to the loan due to the bankruptcy and immunity of the court, and that the Plaintiff omitted the Defendant’s obligation to the instant loan in the creditor list even if the Defendant was aware of the instant loan, and thus, the instant loan claim is not subject to exemption.

B. Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides, “A claim in bad faith and not entered in the list of creditors” refers to a case where an obligor is aware of the existence of a claim prior to the decision of discharge and fails to enter it in the list of creditors. If the existence of a claim is known, even if the obligor did not enter it in the list of creditors by negligence, it constitutes a non-exempt claim under the same Act.

(See Supreme Court Decision 2010Da49083 Decided October 14, 2010). C.

Judgment

The fact that the defendant applied for bankruptcy and exemption to Busan District Court and received immunity from the Supreme Court No. 2011-4007, and the fact that the defendant did not enter the debt of the loan of this case to the plaintiff in the creditor list at the time of applying for bankruptcy and exemption from liability does not conflict between the parties.

The following circumstances, i.e., whether the Defendant did not enter the instant loan obligations in the creditor list even with knowledge of the existence of the instant loan obligations, and the amount of the instant loan, namely, the following circumstances acknowledged by the entire purport of each entry and pleading as stated in Gap evidence 1 through 3, from the time of filing an application for bankruptcy immunity.