A. The Defendant received the payment order (hereinafter “instant payment order”) from the Plaintiff on June 9, 2014, stating that “The Plaintiff shall pay to the Defendant 2,971,434 won and damages for delay at the rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment” (hereinafter “instant payment order”).

(hereinafter referred to as the “instant bonds”). B.

On September 3, 2014, the Plaintiff filed bankruptcy and application for immunity with the Seoul Rehabilitation Court. On September 3, 2015, the decision to grant immunity (hereinafter “instant decision to grant immunity”) in Seoul Rehabilitation Court case No. 2014, 8905, the decision to grant immunity became final and conclusive around that time.

C. At the time of the instant decision to grant immunity, the creditor list did not indicate the instant claim.

On August 1, 2018, the Defendant urged the Plaintiff to repay the instant claim by August 15, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6 through 8, 10 (including branch numbers for those with additional numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. Any property claim arising prior to the declaration of bankruptcy against the debtor as to the judgment on the cause of the claim, that is, the bankruptcy claim shall be exempt from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the immunity decision on the bankrupt becomes final and conclusive, and is not entered in the list of creditors.

According to the above facts of recognition, 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 by the defendant.