A. On March 4, 2015, the Defendant filed a lawsuit against the Plaintiff for a loan claim with the Seoul Northern District Court Decision 2014 Ghana74392, and the litigation procedure was initiated by public notice, and on March 4, 2015, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 2 million and the interest calculated at the rate of 20% per annum from January 22, 2015 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. The Plaintiff was granted immunity on November 27, 2014 by filing bankruptcy and application for immunity with the Seoul Central District Court Decision 2012Hadan8738 and 2013Ma8738, and the said decision became final and conclusive on April 3, 2015. At the time of the said application for immunity, the list of creditors submitted by the Plaintiff at the time of the said application for immunity did not state the claims that form the basis of the instant judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3 and 4, the 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, is not entered in the list of creditors at the time of application for immunity, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the effect of immunity pursuant to Article 565 of the same Act, and the ability and executive capacity of filing a lawsuit, which is ordinarily exempt from liability and has a claim

According to the above facts of recognition, a claim based on the judgment of this case 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, barring any special circumstance, compulsory execution based on the judgment of this case against the plaintiff cannot be permitted.

3. Judgment on the defendant's assertion

A. The defendant's assertion was based on the judgment of this case at the time when the plaintiff applied for immunity.