A. The Defendant filed an application against the Plaintiff for a payment order seeking the payment of the acquisition money with the Seoul Central District Court No. 2015, Apr. 3, 2015, and the payment order was served on the Plaintiff on April 3, 2015, and the above payment order became final and conclusive on April 18, 2015 (hereinafter “instant payment order”). (b) On May 17, 2019, the Plaintiff filed an application for bankruptcy and exemption with the former District Court No. 323 at the bottom of 2019, May 17, 2019 (hereinafter “instant bankruptcy and exemption application”), and on October 11, 2019, the aforementioned exemption order became final and conclusive (hereinafter “instant exemption order”).

However, at the time of applying for bankruptcy and exemption, the list of creditors submitted by the Plaintiff was not indicated as Defendant’s claim based on the instant payment order.

【Ground of recognition】 Evidence Nos. 1, 2, Eul’s evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, since a claim based on the instant payment order falls under a bankruptcy claim as a claim based on the property arising due to a cause arising before the declaration of bankruptcy, and the decision of immunity of this case becomes final and conclusive, the right and enforcement of a lawsuit ordinarily holding a claim according to the effect of immunity has lost, barring any special circumstance, compulsory execution based on the instant payment order shall not be permitted.

3. Judgment on the defendant's defense

A. The defendant's defense was omitted in the list of creditors in bad faith even though he knew of the existence of the claim based on the payment order of this case at the time of filing an application for bankruptcy and exemption of this case. Thus, the plaintiff cannot claim exemption of the above claim.

B. “Claims by a person who owes an obligation, in bad faith, not entered in the list of creditors” under Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debt Rehabilitation Act”).