2. The costs of lawsuit shall be borne by the Plaintiff.

A. Boan Mutual Savings Bank (hereinafter “ Boan Mutual Savings Bank”) filed a lawsuit claiming loans against the Plaintiff, who is a principal debtor B and joint and several sureties, with the Gwangju District Court 2006Gapo22397.

On September 29, 2006, the above case was proceeded with by public notice, and on September 29, 2006, “B and the Plaintiff jointly and severally rendered a judgment to pay to Boan Mutual Savings Bank the money calculated at the rate of 35% per annum from May 16, 2006 to the date of full payment (hereinafter “instant claim”). The above judgment became final and conclusive around that time.

B. On April 28, 2014, the Plaintiff filed a bankruptcy and application for immunity with the Seoul Central District Court Decision 2014Hadan4399, 2014Ma4399, and received a decision to grant immunity from the said court on September 1, 2014. The said decision to grant immunity became final and conclusive on September 16, 2014.

(hereinafter “instant decision on immunity”). However, the Plaintiff did not enter the instant claim in the list of creditors submitted at the time of the said application.

C. On September 20, 2016, the Defendant, a trustee in bankruptcy of the instant claim, filed an application for payment order with the Gwangju District Court Decision 2016 teab272 to extend extinctive prescription of the instant claim, and received the payment order on September 20, 2016, and the said payment order became final and conclusive without the Plaintiff’s objection.

(hereinafter referred to as “instant payment order”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 and 2, obvious fact in this court, the purport of the whole pleadings.

2. Determination

A. The Plaintiff asserted that the claim of this case was not entered in the list of creditors in bad faith, and thus, the Plaintiff was exempted from liability for the claim of this case according to the immunity decision of this case. Therefore, compulsory execution based on the payment order of this case should be denied.

B. (1) Determination is made in bad faith by an obligor under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”).