A. On June 5, 2010, the Defendant borrowed KRW 10 million from the Defendant and applied for a payment order against the Plaintiff and C on the ground that C guaranteed the said obligation.

Since then, C raised an objection, and the original of the payment order to the Plaintiff was performed as a lawsuit upon the Defendant’s request (this Court No. 2015 Ghana4991), and the above case was proceeded by public notice against the Plaintiff.

On March 31, 2016, this Court sentenced the Plaintiff to the effect that “the Plaintiff shall pay the Defendant KRW 10 million and its delay damages,” and the said judgment became final and conclusive on April 5, 2016 by public notice.

(hereinafter “the final judgment of this case”). (b)

Meanwhile, the Plaintiff filed bankruptcy and application for immunity (in the case of the Changwon District Court 2018, 1709, 2018Hadan1719), and the decision to grant immunity on June 17, 2019 became final and conclusive around that time.

(hereinafter “instant decision to grant immunity”). C.

At the time when immunity of this case is granted, the list of creditors did not indicate the defendant's claims based on the final judgment of this case.

【Ground for recognition】 The fact that there is no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination

A. Any property claim arising from the cause before the debtor is declared bankrupt, that is, a bankruptcy claim shall be exempt from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the immunity decision on the cause of the claim becomes final and conclusive, and is not entered in the list of creditors.

According to the above facts, the defendant's claim under the final and conclusive judgment of this case is a property claim arising from a cause before the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision of this case against the plaintiff is finalized, thereby losing its executive force.