A. D Limited Liability Company (hereinafter “Nonindicted Company”) filed an application with the Plaintiff for a miscellaneous payment order against the Plaintiff on July 4, 2005, by the Seoul Central District Court 2010 tea31826 (hereinafter “Seoul Central District Court Decision 201Da31826 (hereinafter “instant payment order”). Accordingly, the original payment order was served on the Plaintiff on April 1, 2010, and became final and conclusive around that time.

(hereinafter “instant payment order”). At the time, a person directly received the original of the payment order is the Plaintiff’s mother.

B. The Plaintiff filed an application for bankruptcy and exemption from liability with the Jung Government District Court Decision 2010Hadan6507, 2010Ma6502, which was declared bankrupt on August 29, 201, and each of the above decisions became final and conclusive around each time on December 6, 2011. At the time of the application for exemption, the Plaintiff did not enter the instant claim in the list of creditors at the time of the application for exemption.

C. On December 20, 2016, the Defendant received the instant claim for acquisition of assets under the asset acquisition agreement concluded with the Nonparty Company, and notified the Plaintiff of the fact around that time.

The Defendant filed a lawsuit against the Plaintiff as Seoul Central District Court Decision 2020Da1211622, in order to prevent the expiration of the extinctive prescription of the instant claim for the transfer money, and accordingly, the decision on performance recommendation (hereinafter “the instant decision on performance recommendation”) was served on the Plaintiff on February 19, 2020, and became final and conclusive around that time.

[Reasons for Recognition] Class A's Evidence Nos. 1 through 4, Class B's Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. Although the decision on performance recommendation as to the cause of the claim becomes final and conclusive and conclusive, it does not apply to the lawsuit of demurrer based on the time limit of res judicata (Article 5-8(3) of the Trial of Small Claims Act). Therefore, in a lawsuit of demurrer, the determination of performance recommendation as to all the grounds of the claim stated in the relevant decision on performance recommendation may be deliberated and determined in the trial of the relevant claim objection.

The judgment is based on this premise.

The debtor shall be declared bankrupt.