A. On May 20, 2010, the Defendant filed a lawsuit against the Plaintiff (Seoul Central District Court 2009da2681960), and sentenced the Plaintiff to the effect that “the Plaintiff shall pay to the Defendant 28,88,470 won and 9,677,579 won, which was calculated at the rate of 18% per annum from July 26, 2009 to the day of full payment,” and the said judgment became final and conclusive around that time.

(hereinafter “instant judgment”). (b)

In accordance with the judgment of this case on December 13, 2010, the defendant received the seizure and collection order on the claims held by the plaintiff against the Korea C&T Bank, etc. (Seoul Northern District Court 2010TTTB 2010TT 12445), ② claims held by the plaintiff against the Dongyang Life Insurance Co., Ltd. (Seoul Northern District Court 2010TTT 26327). ③ August 29, 2013, the plaintiff received the seizure and collection order on the claims held by the National Federation, etc. (Seoul Northern District Court 2013TT 15660).

Each of the above orders was served on the Plaintiff, the debtor, by public notice.

C. The Plaintiff was granted immunity on January 2, 2014 by filing a bankruptcy and immunity application with the Seoul Central District Court 2013Da6213 (Haak 6213) and around that time, the decision on immunity became final and conclusive. At the time, the Defendant’s claim was not entered in the list of creditors submitted by the Plaintiff.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. Determination

A. Any property claim arising from a cause before the debtor is declared bankrupt, that is, a bankruptcy claim, even if a decision to grant immunity on the bankrupt becomes final and conclusive, is not entered in the list of creditors at the time of the application for immunity, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the effect of immunity under Article 565 of the same Act is exempted from the liability and the ability to file a lawsuit and the executory power of a claim ordinarily exists.