A. On January 22, 2010, the Defendant filed a lawsuit against the Plaintiff for the claim of indemnity amount under this Court No. 2009 Ghana1710. On January 22, 2010, the court rendered a judgment against the Plaintiff by public notice, which ordered the Plaintiff to pay KRW 1,978,820 to the Defendant and the delay damages therefrom (hereinafter “prior judgment”), and the said judgment became final and conclusive around that time.

B. Around December 2017, the Plaintiff filed an application for bankruptcy and immunity with this Court No. 2017Hadan231, 2017Ma231, and was declared bankrupt by the above court, and was granted a decision to grant immunity on June 27, 2018, and the aforementioned decision to grant immunity became final and conclusive on July 13, 2018.

The defendant's claim was not entered in the list of creditors submitted by the plaintiff when the plaintiff applied for bankruptcy and immunity.

[Ground of recognition] Facts without dispute, each entry of Gap 1 through 3 evidence (including paper numbers), the purport of the whole pleadings

2. A claim on property arising prior to the declaration of bankruptcy against a debtor as to the determination of the cause of a claim, that is, a bankruptcy claim, even if the immunity decision on the bankrupt becomes final and conclusive, is not entered in the list of creditors at the time of the application for immunity, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), unless it falls under the case of the proviso of Article 566 of the same Act, the effect of immunity shall be exempted by the effect of immunity and the ability

Therefore, according to the above facts, a claim based on the preceding judgment is a property claim arising from a cause arising before the declaration of bankruptcy, which falls under a bankruptcy claim, and the immunity decision against the plaintiff is finalized and thus loses its executive force. Therefore, a compulsory execution based on the preceding judgment against the plaintiff by the defendant is no longer permissible.

3. On the judgment of the defendant's assertion, the defendant's obligation under the preceding judgment shall be the debtor's gross negligence.