1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. As of April 29, 2010, a written confirmation of the balance of construction cost payable by the Defendant to the Plaintiff (hereinafter “written confirmation of the balance of this case”) on April 29, 2010, namely, KRW 23,965,663 as of April 29, 2010.

B. The Defendant filed an application with the Jeju District Court for discharge and declaration of bankruptcy under the Jeju District Court No. 2013, 261, 2013Hadan260, and on June 5, 2014, the exemption from discharge became final and conclusive on June 20, 2014. The Plaintiff’s list of creditors omitted the Plaintiff’s claim for construction price on the instant balance certificate (hereinafter “instant claim”).

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion that the plaintiff's claim of this case was exempted, and the plaintiff asserts to the effect that since the defendant knew of the existence of the plaintiff's claim of this case and did not enter it in the list of creditors intentionally or in bad faith, the plaintiff's claim of this case constitutes non-exempt claim.

3. Determination

A. “Claims that are not entered in the creditors’ list in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to claims that an obligor knows the existence of an obligation against a bankruptcy creditor before immunity is granted, but are not entered in the creditors’ list. Thus, if the obligor 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 as prescribed under the above provision, but if the obligor was aware of the existence of an obligation, it constitutes a non-exempt claim as prescribed under the above provision even if the obligor was negligent in not knowing the existence of the obligation. However, if the obligor

The reason why the claim not entered in the list of creditors is excluded from the exemption.