A. On September 21, 2017, after the Defendant acquired the Plaintiff’s loan claim against the Plaintiff (hereinafter “instant claim”), the Defendant filed an order for payment (Seoul Southern District Court 2017 tea163831) with the Plaintiff seeking payment of KRW 3,567,977 from the Plaintiff, and received a payment order from the said court on September 26, 2017.

The above payment order was finalized on November 25, 2017.

(hereinafter “instant payment order”). B.

The Plaintiff filed an application for adjudication of bankruptcy and exemption under the Incheon District Court Decision 2017Hadan5081, 2017Ma5065, and was granted immunity from the above court on April 30, 2019 (hereinafter “instant exemption from immunity”).

However, the claim of this case was not stated in the above list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 5, the purport of the whole pleadings

2. Determination

A. Any property claim arising prior to the declaration of bankruptcy against the debtor as to the judgment on the cause of the claim, that is, the bankruptcy claim shall be exempted from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), even if the decision on immunity against the bankrupt becomes final and conclusive and conclusive, unless it falls under

According to the above facts, the instant claim is a property claim arising from a cause arising prior to the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision against the plaintiff is finalized and thus loses its executive force, barring any special circumstance, compulsory execution based on the payment order of this case shall not be permitted.

B. Determination 1 on the Defendant’s assertion 1) Since the Plaintiff did not enter the instant claim in the creditors’ list in bad faith in the aforementioned exemption case, the instant claim constitutes non-exemptable claims, which may be subject to compulsory execution. (2) The evidence and the6.