A. The purchase price of goods in Suwon District Court Branch 2004Gaso126876 delivered on June 8, 2005

A. On June 8, 2005, the Defendant filed a claim for the purchase of goods against the Plaintiff and sentenced the said court to the effect that “the Plaintiff shall pay to the Defendant 7,016,941 won and the amount calculated at the rate of 20% per annum from May 8, 2005 to the date of full payment,” and the above judgment became final and conclusive around that time because both parties have not filed an appeal.

However, in the above case, both service on the plaintiff was made by public notice.

B. On August 11, 2011, the Plaintiff filed bankruptcy and application for immunity with the Suwon District Court Decision 2010Hadan7549, 2010Ka7549, and received a decision to grant immunity (hereinafter “instant decision to grant immunity”) from the above court. On August 26, 2011, the said decision to grant immunity became final and conclusive.

However, the Plaintiff did not enter the obligations against the Defendant in the list of creditors when filing the application for immunity of the instant case.

C. Meanwhile, in order to prevent the expiration of the statute of limitations on the claim for the payment of goods in Suwon District Court Sung-nam Branch 2004Gau126876, the Defendant brought a lawsuit against the Plaintiff seeking payment of the goods under the Suwon District Court Sung-nam Branch 2015Gau10175. On April 9, 2015, the said court rendered a decision on performance recommendation to the effect that “the Plaintiff shall pay to the Defendant the amount of KRW 7,016,941 and the amount calculated at the rate of 20% per annum from May 8, 2005 to the date of full payment,” and the said decision on performance recommendation was served on the Plaintiff around that time.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 8 (including all of the branch numbers), the purport of the whole pleadings

2. Determination:

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides, “A debtor shall be a bankruptcy claim against a claim on property arising before the declaration of bankruptcy is declared.” Article 566 of the same Act provides, “A debtor granted immunity shall be excluded from distribution by bankruptcy proceedings.”