A. Hyundai department store, Inc., owned the credit card payment claims equivalent to the principal amount of KRW 1,633,524 and fee of KRW 7,320 against the Plaintiff, who is its member, and transferred this claim to the Defendant on June 30, 2004, and on March 15, 2007, Hyundai department store transferred this claim to the Defendant.

B. The Defendant acquiring the above claim for the payment order against the Plaintiff: (a) as Seoul Southern District Court Decision 2009Da13786, the Defendant applied for the payment order against the Plaintiff that “the Plaintiff (the Plaintiff) shall pay interest of KRW 3,777,748 of the card price and the principal of KRW 1,63,524 at the rate of 24% per annum from the day following the service of the original copy of the payment order to the day of full payment; and (b) the above court received the payment order citing it on September 10, 2009 and became final and conclusive around that time.

C. On November 27, 2014, the Plaintiff filed bankruptcy and application for immunity with the Seoul Central District Court (2014Haak5340, 2014, 5340), and received immunity from the said court. The said decision became final and conclusive on December 13, 2014.

However, while making the above bankruptcy and application for immunity, the plaintiff omitted the defendant who is the transferee-creditor in the list of creditors.

[Reasons for Recognition] Evidence Nos. 2, 3, 4, Eul No. 1, the purport of the whole pleadings

2. According to the above facts of recognition, unless there are special circumstances, the Plaintiff’s obligation to take over the Defendant was exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act.

In regard to this, the defendant received a seizure and collection order three times by the original copy of the above payment order, and the plaintiff knew that there is an obligation against the defendant by directly receiving the original copy of the decision on the seizure and collection order of each of the above claims. However, when bankruptcy and application for immunity was filed, the defendant did not have the effect of exemption as to the claim that is taken over by the defendant.

Domins, B.