A. By September 24, 2004, the Defendant, a sales company, such as alcoholic beverages, supplied the Plaintiff with alcoholic beverages worth KRW 9,148,033 on credit.

B. On December 2006, the Plaintiff filed for bankruptcy and exemption with Suwon District Court Decision 2006Hadan13315, 2006Ma15, 15082, and was declared bankrupt on August 1, 2007, and the decision of exemption became final and conclusive on September 29, 2007.

C. However, when applying for the above bankruptcy and exemption, the Plaintiff omitted the notification of the obligation to pay the above goods to the Defendant.

On January 11, 2011, the Defendant applied for a payment order against the Plaintiff with respect to the claim for the price of goods (hereinafter “claim for the price of goods in this case”) from the Incheon District Court 201 tea384 (hereinafter “instant claim”). On January 13, 2011, the Defendant was ordered to pay the said KRW 9,148,033 and the damages for delay, and the said payment order was finalized on March 17, 2011.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 2 and 4, each of the statements Nos. 1 and 2, the purport of the whole pleadings

2. In cases of a payment order for which judgment has become final and conclusive, the grounds for failure or invalidation, etc. occurred prior to the issuance of the payment order may be asserted in a lawsuit of objection against the payment order with respect to the claim which became the cause of requesting the payment order;

Article 163 subparag. 6 of the Civil Act applies to the claim for the price of the instant goods for the goods sold by the Defendant, which is the merchant, and the extinctive prescription thereof is three years. As long as the Defendant applied for the instant payment order on January 11, 201 when three years have elapsed since the date of the final supply of alcoholic beverages, the above claim expired by prescription.

According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a debtor who has obtained immunity shall be exempted from all of his/her obligations to any bankruptcy creditor, except dividends arising from bankruptcy procedures.

However, the decision of exemption against the plaintiff becomes final and conclusive on September 29, 2007, and since the obligation to pay the price of the goods of this case occurred prior to the declaration of bankruptcy against the plaintiff, the plaintiff is entitled to do so.