A. On November 6, 2012, the Defendant applied for a payment order against the Plaintiff and D seeking payment of the processing costs under the Suwon District Court Branch Branch No. 2012 tea6935, Nov. 19, 2012, the said court issued a payment order with the content that “the Plaintiff and D jointly and severally pay to the Defendant the amount calculated at the rate of 10,508,400 won and 20% per annum from November 27, 2012 to the date of full payment” (hereinafter “instant payment order,” and the claims and obligations therefrom are referred to as “the instant bonds” or “the instant obligations”).

The instant payment order was served on security guards and became final and conclusive on December 11, 2012.

B. On May 12, 2014, the Plaintiff filed an application for adjudication of bankruptcy and exemption under the Suwon District Court Decision 2014Hadan2822, 2014Ma2822, and the said court rendered a decision to grant immunity (hereinafter “instant decision to grant immunity”) on August 8, 2016, and the instant decision to grant immunity became final and conclusive on August 23, 2016.

C. The list of creditors submitted by the Plaintiff in the above declaration of bankruptcy and exemption procedure was not indicated in the list of creditors.

On October 2, 2019, the Defendant was decided to enter the Plaintiff and D in the defaulters’ list as the Suwon District Court Branch Branch No. 2019 Chicago699 based on the instant payment order.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act as to the cause of the claim (hereinafter “Rehabilitation Act”), the obligor, who has the immunity, shall be exempted from all liability to the bankruptcy creditor with respect to the whole amount of the obligation, except dividends pursuant to the bankruptcy procedures.

According to the above facts, the claim of this case constitutes a bankruptcy claim, which occurred before the plaintiff's declaration of bankruptcy, and constitutes a bankruptcy claim, and thus, the above debt against the defendant was exempted, so compulsory execution based on the payment order of this case is enforced.