A. On June 11, 1996, the Plaintiff borrowed KRW 10 million from the National Agricultural Cooperative Federation on June 11, 1996 as the due date set on June 11, 1998, and did not repay the principal and interest at once.

B. On March 23, 2005, the National Agricultural Cooperative Federation notified the Defendant of the purport of the assignment of claims and notified the Plaintiff of the purport of the assignment of claims. The above notification reached the Plaintiff around that time.

C. On December 27, 2012, the Plaintiff filed an application for bankruptcy and exemption with the Incheon District Court 2012,7490, 2012Hadan7495, and was declared bankrupt on April 10, 2013, and the decision to grant exemption became final and conclusive on May 17, 2014.

However, while applying for bankruptcy and exemption, the Plaintiff failed to report the above obligation to the Defendant by negligence.

E. On August 31, 2015, the Defendant applied for a payment order against the Plaintiff as above with respect to the claim that was acquired as above, and received from the same court on September 1, 2015 the payment order ordering payment of KRW 46,782,343 from the same court on June 19, 2015, and KRW 11,469,132 from the same court on June 19, 2015, and the said payment order became final and conclusive on February 26, 2016.

F. On May 24, 2018, the Defendant received a seizure and collection order on the Plaintiff’s deposits, etc. under the Incheon District Court 2018TT No. 50971 based on the authentic copy of the above payment order with executory power.

[Reasons for Recognition] There is no dispute, there is no significant fact in this court, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. In cases of a payment order for which judgment has become final and conclusive, the grounds for failure or invalidation, etc. occurred prior to the issuance of the payment order may be asserted in a lawsuit of objection against the payment order with respect to the claim which became the cause of requesting the payment order;

According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a bankruptcy debtor who has been exempted from liability shall be exempted from all of the liabilities to the bankruptcy creditors, except for dividends under the bankruptcy procedures.

However, the plaintiff is the plaintiff.