A. D Co., Ltd. had a claim against the Plaintiff (hereinafter “instant claim”). The said claim was transferred in sequence to E Co., Ltd. and the Defendant.

B. The Defendant filed a lawsuit against the Plaintiff (Seoul Eastern District Court 2012Gaso2052466). On July 18, 2012, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant 3,077,163 won and 1,080,792 won which shall be calculated at the rate of 20% per annum from April 30, 2012 to the date of full payment,” and the said judgment (hereinafter “instant judgment”) became final and conclusive on August 17, 2012.

C. On December 1, 2016, the Plaintiff filed an application for bankruptcy and immunity with the Suwon District Court No. 2016Hadan5450 and 2016Ma550 on December 1, 2016. The decision of immunity was rendered on June 16, 2017 and became final and conclusive around that time. The Plaintiff did not enter the instant claim in the creditors’ list at the time of the application for bankruptcy and exemption.

[Reasons for Recognition] 1, 3, and 5 Evidence A

2. The right to claim property arising before the declaration of bankruptcy against the debtor for the judgment on the cause of the claim, namely, the bankruptcy claim, even if the immunity decision on the bankrupt becomes final and conclusive and is not entered in the list of creditors at the time of the application for immunity, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the effect of immunity pursuant to Article 565 of the same Act is exempted, and the right to file a lawsuit and executive force of ordinary claims are lost.

According to the above facts of recognition, the instant claim is a property claim arising from a cause arising before the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision against the plaintiff is finalized and thus loses its executive force, barring any special circumstance, compulsory execution based on the judgment of this case shall not be permitted.

3. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant raised this objection at the time when the plaintiff applied for immunity.