1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) filed a lawsuit with the Plaintiff seeking payment of credit card bills with the Busan District Court Decision 2006Da347568, Oct. 24, 2006. The above court sentenced C Co., Ltd. (hereinafter “C”) to the judgment that “the Plaintiff shall pay C the amount of KRW 2,681,63 of the above amount of KRW 5,510,64, which was calculated at the rate of 20% per annum from September 27, 2005 to the date of full payment,” and the above judgment was finalized on November 17, 2006.

(hereinafter referred to as “instant claim”) a claim based on a final and conclusive judgment. (b)

C On June 15, 2011, upon transferring the instant bonds to the Defendant, C notified the Plaintiff of the transfer of the instant bonds on July 20, 2011.

C. Meanwhile, on May 26, 2017, the Plaintiff was granted immunity by Busan District Court Decision 2016Da1946 and the said immunity became final and conclusive on June 13, 2017, but the list of creditors submitted by the Plaintiff in the above immunity case did not indicate the Defendant’s claim.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion did not indicate the existence of the instant claim in the list of creditors in the process of obtaining the aforementioned immunity. As such, the instant claim does not constitute “a claim in bad faith and not entered in the list of creditors” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

Therefore, since the effect of the above decision to grant immunity is limited to the claim of this case, compulsory execution based on the above decision should be denied.

B. The Defendant’s assertion that the Plaintiff was aware of the existence of the instant claim, and did not enter it in the list of creditors, and thus does not exempt the Defendant from liability for the instant claim.

3. Determination

A. Article 566 subparag. 7 of the Debtor Rehabilitation Act provides that “The debtor shall be entitled to a claim not entered in the list of creditors in bad faith even if a decision to grant immunity becomes final and conclusive.”