A. On January 14, 2014, the Plaintiff was authorized to obtain the rehabilitation plan approval in the Seoul Central District Court 2013 Gohap89 case following the application, and on January 5, 2015, the Plaintiff was decided to terminate the rehabilitation procedure by the said court.

(hereinafter “instant rehabilitation procedure”). B.

Meanwhile, on May 9, 2013, the Defendant applied for a payment order under Paragraph (1) against the Plaintiff, and received a payment order stating that “the Plaintiff shall pay to the Defendant 57,152,500 won and 20% interest per annum from the day after the delivery of the payment order to the day of complete payment.” The payment order was finalized around that time.

C. Under the instant rehabilitation procedure, the Defendant’s claim on the payment order against the Plaintiff was reported as rehabilitation claims and entered in the table of rehabilitation creditors, and the right was changed to KRW 24,82,824 according to the rehabilitation plan.

After the decision of the above rehabilitation plan becomes final and conclusive, the defendant applied for seizure of the plaintiff's property according to the payment order of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), when it is decided to authorize a rehabilitation plan, the rights of rehabilitation creditors, etc. are altered according to the rehabilitation plan (Article 252(1)). Any entry in the table of rehabilitation creditors or the table of rehabilitation secured creditors concerning rights recognized according to the rehabilitation plan based on a rehabilitation claim or rehabilitation security right is effective as a final and conclusive judgment at the time a decision to authorize a rehabilitation plan becomes final and conclusive (Article 255(1)). The aforementioned entry is deemed to have executory power, and any rehabilitation creditor

(Article 255(2). Accordingly, in case where there are executive titles prior to the commencement of rehabilitation procedures, the Debtor Rehabilitation Act is applied after the rehabilitation plan is authorized.