Co., Ltd. received loans from D Co., Ltd. on August 20, 2002, and the Plaintiff jointly and severally guaranteed the obligation of C Co., Ltd.

(Guarantee Limits: 10,500,000). On October 21, 2016, the Defendant asserted that he/she acquired the claim for joint and several liability against the Plaintiff of D Co., Ltd., and applied for a payment order against the Plaintiff as the Suwon District Court Decision 2016 tea5611.

On October 24, 2016, the above court issued a payment order stating that “the plaintiff shall pay KRW 10,500,000 to the defendant.” After the payment order was served by service by public notice, it became final and conclusive on April 28, 2017.

The Plaintiff was declared bankrupt on March 30, 2017 by filing bankruptcy and application for immunity with the Suwon District Court 2016Hadan5450 and 2016Ma5450, and around that time, immunity became final and conclusive.

In the list of creditors submitted at the time, the claims described in paragraph (b) were not stated.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. A claim on property 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, does not fall under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the debtor shall be exempted from liability by the effect of immunity

According to the above facts, the instant claim is a property claim arising from a cause arising prior to the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision against the Plaintiff is finalized and thus loses its executive force, so compulsory execution based on the above payment order against the Defendant cannot be permitted.