A. On January 4, 2017, the defendant applied for a payment order against the plaintiff for the payment of a loan to the Daegu District Court Cheongdo District Court, and the above court issued a payment order stating that "the plaintiff shall pay to the defendant 10 million won and the amount calculated by the rate of 5% per annum from March 24, 2012 to the service date of the payment order, and 12% per annum from the next day to the day of complete payment," and that "the above payment order shall be paid to the defendant from March 24, 2012 to the service date of the payment order."

2. 25. Finality

(hereinafter referred to as the “instant payment order,” and the above payment order bonds are referred to as the “instant bonds”). B.

On November 8, 2018, the Plaintiff’s bankruptcy exemption decision against the Plaintiff was finalized on the following grounds: (a) Seoggu District Court Branch Branch of the Daegu District Court 2017Hadan4172, 2017Ma4172.

However, the list of creditors of the above bankruptcy immunity decision did not state the claim in this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the claim in this case is a property claim arising from the cause before the plaintiff is declared bankrupt and constitutes a bankruptcy claim, and the decision to grant immunity to the plaintiff became final and conclusive, barring any special circumstance, it shall be exempted from liability pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “debtor Rehabilitation Act”). Therefore, compulsory execution based on the payment order in this case shall not be permitted.

B. The Defendant asserts to the effect that the instant claim constitutes a non-exempt claim since the Plaintiff was aware of the existence of the instant claim in the case involving bankruptcy and application for immunity, but failed to enter it in the list of creditors. 2) Article 566 Subparag. 7 of the Debtor Rehabilitation Act provides that “The obligor has a right not to enter in the list of creditors in bad faith” refers to the obligor.