1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On July 10, 2007, the Plaintiff filed an application for the respective bankruptcy and exemption from liability under the Incheon District Court Order 2007Da8219, 2007Hadan8157, and the above court decided the exemption from liability on August 25, 2008.

B. The Defendant acquired the Plaintiff’s obligation to the Plaintiff’s domestic community credit cooperatives, and the Plaintiff omitted the Defendant’s claim against the Plaintiff in the list of creditors at the time of filing an application for bankruptcy and exemption.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion asserts that the effect of the exemption decision extends to the defendant's claim since the plaintiff omitted the defendant's claim on the creditor list at the time of the bankruptcy and exemption application of this case.

B. The phrase “claim that is not recorded in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor is aware of the existence of an obligation against a bankruptcy creditor prior to the decision of discharge, and is not recorded in the list of creditors. Thus, if the debtor 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 under the above provision, but if the debtor was aware of the existence of an obligation, it constitutes a non-exempt claim under the above provision, even if the debtor was negligent in not knowing

The grounds for excluding a claim that is not entered in the list of creditors are excluded from the list of creditors, if there is a creditor who is not entered in the list of creditors, that creditor is deprived of the opportunity to file an objection, etc. to the application for immunity within the scope of the procedure for immunity, and accordingly, the exemption is granted and confirmed without any objective verification of the grounds for non-permission of immunity stipulated in Article 564 of the above Act.