1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 29, 201, the Defendant borrowed KRW 4,000,000 from Escow Loans Co., Ltd. (hereinafter “In this case, the Plaintiff filed a claim by applying 34.9% per annum) and the overdue interest rate of KRW 39% per annum (in this case, the Plaintiff filed a claim by applying 34.9% per annum), and on December 28, 2014, and the said claim was transferred to the Plaintiff on December 30, 2013, and was notified of the fact of transfer to the Defendant.

B. The Defendant lost a benefit due to delinquency in paying the principal and interest of the loan, and on October 30, 2017, the principal and interest of the loan as of October 30, 2017 is KRW 7,104,456 (=principal interest of KRW 3,051,345, interest of KRW 4,053,111).

C. On July 4, 2013, the Defendant received a decision to grant immunity on January 5, 2015 by filing bankruptcy and application for immunity with the Suwon District Court No. 2013Hadan4815 and 2013do4815. The said decision became final and conclusive on January 20, 2015, and the instant claim was not included in the creditor list.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Eul 3 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The defendant asserts that at the time of bankruptcy and application for immunity, the plaintiff was omitted in the creditor list, but is not in bad faith, so the plaintiff's claim should also be exempted.

On this issue, the plaintiff asserted that the non-party company continued to demand repayment to the defendant even at the time when the defendant applied for bankruptcy and exemption from liability, so the defendant was aware of the existence of the claim in this case, and that the claim in this case is not subject to exemption from liability on the ground that the claim in this case is simply a simple and timely manner or care.

B. 1) Determination is based on the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

The claims on the property against the debtor that accrue before the declaration of bankruptcy is made pursuant to Article 423 shall be deemed bankruptcy claims, and the claims on the property pursuant to Article 566 shall be deemed the claims on the bankruptcy creditors, except the distribution pursuant to the bankruptcy procedures.