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A. On July 4, 2011, the Defendant received a payment order against the Plaintiff (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant 20% interest per annum from the day following the day of service of the payment order for KRW 3,846,00 and KRW 2,785,224 from the day of service of the payment order for KRW 3,84,00 to the day of full payment” (hereinafter “instant payment order”), which became final and conclusive around that time.

B. On August 12, 2013, the Plaintiff filed for bankruptcy and exemption with the Daejeon District Court and was declared bankrupt (2013Hadan1748), and on October 7, 2013, the decision of immunity became final and conclusive on October 22, 2013 (hereinafter “the decision of immunity of this case”). The Plaintiff omitted the claim of this case in the list of creditors of the same case.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. 1) The Plaintiff omitted the instant claim to the creditor registry in the course of the decision on immunity of the instant case, but did not know the existence of the instant claim at the time of the application for bankruptcy and exemption, and did not intentionally or maliciously omitted. Thus, the instant claim to be acquired shall be exempted pursuant to the decision on immunity of the instant case, and therefore, compulsory execution based on the payment order of the instant case shall not be permitted. 2) In light of the fact that the original copy of the instant payment order was served on the Plaintiff and confirmed, the Plaintiff appears to have intentionally omitted it from the creditor registry, and thus, the Plaintiff could not be exempted from the instant claim to be acquired.

B. Therefore, the aforementioned evidence and the purport of the entire pleadings are comprehensively considered.