1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On May 17, 2006, the Defendant filed a lawsuit against the Plaintiff for a credit card purchase price claim under the Jeonju District Court Decision 2006Da26621, and sentenced on May 17, 2006, “the Plaintiff shall pay to the Defendant 23,956,414 won and 10,568,267 won with interest of 28% per annum from October 13, 2005 to the date of full payment.” The above judgment became final and conclusive on June 22, 2006.

(B) The Defendant’s above claim against the Plaintiff is referred to as “instant claim” and the above final judgment is referred to as “the final judgment of this case”).

On August 29, 2011, the Plaintiff: (a) filed an application for immunity with the Jeonju District Court 201:2144; and (b) obtained immunity on December 20, 2012 by filing a bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”); and (c) the said immunity became final and conclusive on January 11, 2013; and (d) the list of creditors submitted by the Plaintiff while filing the said application for immunity did not indicate the instant claim.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including attachment of a provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the obligation to the defendant was omitted in the course of the bankruptcy and application for immunity in this case, but this did not have been maliciously omitted, and the defendant asserts to the effect that the obligation to the defendant was not entered in the creditor list in bad faith while making bankruptcy and application for immunity.

B. (1) Determination is based on Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, which states that a debtor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, and that the debtor is not aware of the existence of an obligation. Thus, if the debtor was unaware of the existence of an obligation, he/she did not know of such fact.