2...

A. On July 28, 2008, the Changwon District Court Decision 2007Da1805, 2007Hadan1806 decided the Plaintiff’s exemption (hereinafter “instant exemption decision”) and decided on August 15, 2008.

In the list of creditors submitted by the Plaintiff in the foregoing case, the Plaintiff did not state the Plaintiff’s loan obligations (the loan was executed around November 2001) against C (hereinafter “C”) on the list of creditors.

B. On March 5, 2010, the bankrupt C’s bankruptcy trustee (hereinafter “Korea Deposit Insurance Corporation”) rendered a judgment that “the Plaintiff shall pay to the Plaintiff 18,611,289 won and 4,864,321 won a year from June 8, 2009 to the date of full payment” with the amount equivalent to 49% interest per annum from June 8, 2009 to the date of full payment.”

(hereinafter “instant judgment”). C.

As to the instant judgment, the Plaintiff appealed to the Changwon District Court 2010Na4329, and on July 5, 2010, the conciliation was concluded with the effect that “the Plaintiff withdraws an appeal.”

On July 3, 2015, the Korea Deposit Insurance Corporation concluded a contract on the assignment of claims for the above loan (the balance of loans, KRW 4,864,321, interest thereon, etc.) with the Defendant and notified the Plaintiff of the fact of the assignment of claims by delegating the notification authority to the Defendant who is the assignee at that time. The Defendant was granted the succeeding execution clause as to the instant judgment on September 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. The exemption of liability based on the decision on discharge of liability, regardless of the existence and scope of the obligation itself, is a ground for exclusion of executive force at the execution stage, and thus, it was not alleged or determined in the pleading process.