2. The costs of lawsuit shall be borne by the Plaintiff.

A. The defendant filed an application against the plaintiff for a payment order with the Busan District Court Branch Decision 2005Ra1634, Feb. 15, 2005 that "the plaintiff shall pay to the defendant the amount of 7,429,403 won and 3,638,328 won which is calculated at the rate of 20% per annum from February 2, 2005 to the date of full payment" (hereinafter "the payment order in this case"), and the above payment order was served on the plaintiff on February 18, 2005 and confirmed as is March 15, 2005.

(hereinafter “instant claim”). B. The Defendant’s claim based on the instant payment order (hereinafter “instant claim”).

The defendant received a seizure and collection order as to the plaintiff's wage claim or deposit claim seven times from June 16, 2005 to February 11, 2015 by designating the title to execute the instant payment order as the title of execution.

On February 11, 2015, the original copy of the decision of the collection order was served on the plaintiff on June 1, 2015.

C. On September 2, 2015, the Plaintiff filed a bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with the Incheon District Court Decision 2015Hau4569, 2015Hau, 4573 (hereinafter “instant application for immunity”). On December 30, 2015, the said decision became final and conclusive on January 14, 2016, and omitted the entry of the instant obligation in the list of creditors at the time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 8, the purport of the whole pleadings

2. The gist of the party’s assertion is that the Plaintiff did not intentionally omit the entry of the instant obligation in the creditor list, and thus, the effect of exemption extends to the instant obligation. The Defendant asserted that the Plaintiff intentionally omitted the entry of the instant obligation, even though he was aware that the Plaintiff was aware of the obligation by being served both the original copy of the payment order, the seizure and the collection order.

3. Determination

A. The instant lawsuit is brought ex officio to determine the legitimacy of the instant lawsuit.