On June 17, 2011, the Defendant filed an order for payment with the Plaintiff and the Plaintiff’s spouse D seeking the payment of loans with this court 201 tea 1192, and on June 27, 2011, the Defendant issued a payment order (hereinafter “instant payment order”) to the effect that, with respect to KRW 65,366,571, and KRW 18,58,939, both the Plaintiff and D jointly and severally to the Defendant, the payment order was issued from June 17, 2011 to KRW 29.9% per annum from the date of full payment to the date of full payment.

The instant payment order was served on August 29, 201 with the Plaintiff and D on September 15, 2011.

On October 22, 2019, the Plaintiff filed a petition for adjudication of bankruptcy and exemption under the Daegu District Court Decision 2018Hadan10914, 2018Ma10914 and filed a petition for immunity from the said court (hereinafter “instant exemption from immunity”). The instant claim was not stated in the creditor list.

[Ground for recognition] A without dispute, Gap evidence Nos. 1 and 2 (if there is a provisional number, including each number; hereinafter the same shall apply), Eul evidence Nos. 1, and Eul evidence Nos. 1, and the debtor's property right arising from the cause before the declaration of bankruptcy against the debtor as to the cause of claim to determine the overall purport of the pleadings, i.e., 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 proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the decision to grant immunity against the bankrupt becomes final and conclusive,

According to the above facts, the claim in this case is a property claim arising from a cause arising before the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision against the plaintiff has been finalized and thus has lost its executive force, barring any special circumstance, compulsory execution based on the payment order in this case against the plaintiff cannot be permitted.