1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

Of the instant lawsuit, the Defendant himself/herself.

1. Determination on the Plaintiff’s claim against the Defendant himself

A. The defendant's assertion was filed with the Gwangju District Court for bankruptcy or exemption, and the decision of exemption was confirmed by the above court.

Although the claim of this case was not stated in the list of creditors submitted to the above court at the time, the defendant did not know the existence of the loan debt of this case at the time and did not state it.

Therefore, the Defendant’s loan obligation was exempted according to the effect of the exemption decision.

B. Determination 1) According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, an obligor who has been exempted from liability is exempted from all obligations to a bankruptcy creditor except distribution under the bankruptcy procedure. Thus, in principle, a claim on property arising from a cause prior to the declaration of bankruptcy, namely, a bankruptcy claim, in principle, becomes final and conclusive when a decision on discharge of liability against a debtor becomes final and conclusive, and the obligor has an ordinary right to institute a lawsuit and executory power against his/her natural obligation. However, in cases of a "claim which is not entered in the creditors' list in bad faith" under Article 566 (proviso 7 of the same Act, the obligor is not exempted from liability. The term "claim which is not entered in the creditors' list in bad faith" in this context means a case where the obligor knows the existence of an obligation against a bankruptcy creditor prior to the decision on discharge and fails to enter it in the creditors' list. Thus, if the obligor was unaware of the existence of an obligation, even if he/she was negligent in not knowing, it does not constitute a non-exempt claim as prescribed in the above provision.