A. The Defendant filed an application with the Seoul Central District Court for a payment order with the Plaintiff for the payment order (Seoul Central District Court 2008 tea62413), and the above payment order became final and conclusive thereafter.

B. The Plaintiff was granted immunity on February 11, 2019 by filing a bankruptcy and application for immunity with Seoul Rehabilitation Court No. 2017Gu5845, 2017Hadan5845, and the said immunity became final and conclusive on February 27, 2019.

C. In the list of creditors submitted by the Plaintiff at the time of filing an application for bankruptcy and exemption, the Defendant’s claim against the Plaintiff based on the above payment order (hereinafter “instant claim”) was not indicated.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The instant claim is a property claim arising from a cause arising prior to the declaration of bankruptcy, and constitutes a bankruptcy claim under Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), and the decision to grant immunity to the Plaintiff became final and conclusive, barring any special circumstance, the Plaintiff’s liability is exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation Act.

Therefore, compulsory execution based on the judgment of this case cannot be permitted.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion was known to the existence of the instant claim, but did not enter it in the list of creditors intentionally or by negligence. Therefore, this constitutes a non-exempt claim under Article 566 subparag. 7 of the Debtor Rehabilitation Act, and its responsibility is not exempted.

B. The phrase “claim that is not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to a case where a debtor knows the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Therefore, when the debtor was unaware of the existence of an obligation, he/she was negligent in not knowing the existence of an