A. As of May 25, 2009, the Plaintiff entered into a credit card transaction agreement with C Bank and obtained a credit card, the Plaintiff incurred KRW 6,273,085 (i.e., the principal amount of KRW 1,945,165 and interest KRW 4,327,920). Under the credit card transaction agreement, 20% delay damages agreement was made.

B. The credit card payment claim against the Plaintiff of the C Bank (hereinafter “instant claim”) was finally transferred to the Defendant on October 7, 2004.

C. On June 5, 2009, the Defendant filed an application against the Plaintiff for a payment order seeking the performance of the instant claim with the Seoul Central District Court Decision 2009Da62095, and the above court accepted this order and issued the payment order on June 16, 2009 (hereinafter “instant payment order”). The instant payment order was served on the Plaintiff on August 17, 2009, and was finalized on September 1, 2009.

On the other hand, on June 23, 2014, the Plaintiff filed an application for bankruptcy and exemption under the Daegu District Court Decision 2014Da2642 and 2016Hadan2642. On October 30, 2015, the said court rendered a decision to grant immunity to the Plaintiff (hereinafter “instant decision to grant immunity”), which was finalized on November 14, 2015.

However, the plaintiff did not state the claim of this case in the list of creditors submitted at the time of the application for bankruptcy and immunity.

E. On February 17, 2017, the Defendant received a seizure and collection order based on the instant payment order under the jurisdiction of the Seogu District Court Branch of the Daegu District Court 2017TTT1043.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. The claim on the property arising from the cause before the bankruptcy is declared against the debtor, that is, the bankruptcy claim is exempt under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the proviso of Article 566 of the same Act, even if the immunity decision on the cause of the claim becomes final and conclusive, and is not entered in the list of creditors.