A. On February 21, 2013, the Defendant issued a payment order (hereinafter “instant payment order”) with Suwon District Court 2013 tea1863 to the effect that “the Plaintiff shall pay KRW 3,601,754 to the Defendant and KRW 1,465,665,65 per annum to the Defendant at the rate of 20% from the day after the original copy of the payment order was served to the day of complete payment.” The instant payment order became final and conclusive.

B. On December 11, 2017, the Plaintiff filed an application for bankruptcy and immunity with Seoul Rehabilitation Court No. 2017Da4644, 2017Hadan4644, and received a bankruptcy decision (hereinafter “instant bankruptcy decision”), and was granted a immunity decision on March 8, 2018 (hereinafter “instant immunity decision”). The instant immunity decision became final and conclusive on March 23, 2018.

C. However, at the time of the above application for bankruptcy and exemption, the Plaintiff did not enter the claims under the instant payment order in the creditor list.

【Recognition of Fact-finding】 The fact that there has been no dispute, each entry of Gap's 1 through 5, the purport of whole pleadings

2. Determination on the cause of the claim

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that “A debtor shall be entitled to a bankruptcy claim against a debtor, which has arisen before the declaration of bankruptcy, shall constitute a bankruptcy claim.” Article 566 of the same Act provides that “A debtor who has been exempted shall be exempted from all obligations owed to a bankruptcy creditor except dividends pursuant to the bankruptcy procedures: Provided, That the following claims shall not be exempted from liability.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, unless it falls under any subparagraph of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010). The defendant’s claim against the plaintiff under the instant payment order against the plaintiff shall be exempted from the effect of immunity (see Supreme Court Decision 2010Da