A. On June 13, 2011, the Defendant filed an application for the payment order with the Plaintiff and D as Incheon District Court No. 201j7621, the Defendant received the payment order (hereinafter “instant payment order”) from the above court that “The obligor jointly and severally pays to the obligee KRW 7,100,000 and the amount calculated at the rate of 20% per annum from the day after the delivery date of the original copy of the instant payment order to the day of full payment.” The above payment order was finalized around that time.

B. On January 6, 2015, the Plaintiff was granted immunity and a petition for bankruptcy as Seoul Rehabilitation Court 2015,80, 2015Hadan80, and was granted immunity from the above court on October 28, 2015. The above decision became final and conclusive around that time. At the time, the Defendant’s claim for the instant payment order was omitted in the list of creditors.

[Ground of recognition] Facts without dispute, entry of Gap1 to 6 evidence, purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of claim, the instant payment order claim is a property claim arising from a cause arising prior to the Plaintiff’s declaration of bankruptcy, which constitutes a bankruptcy claim, and the decision to grant immunity against the Plaintiff became final and conclusive, barring any special circumstance, the above obligation against the Defendant pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) should be deemed as a discharge.

Therefore, compulsory execution based on the instant payment order is not permissible.

B. 1) The Defendant asserts to the effect that the Plaintiff did not enter the claim for the instant payment order in bad faith in the creditor list, and that the said claim constitutes non-exempt claims under Article 566 subparag. 7 of the Debtor Rehabilitation Act. 2) The “claim that is not entered in the creditor list in bad faith by the obligor” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to the creditor list even though the obligor knows the existence of the obligation against the bankruptcy creditor before immunity is granted.