A. On January 6, 2014, the Plaintiff borrowed KRW 15 million from the National Bank of Korea Co., Ltd., and at the time, the Defendant provided a credit guarantee for the Plaintiff’s above loan obligations.

B. On April 27, 2016, the Defendant subrogated for KRW 15,277,146 to the National Bank of Korea Co., Ltd. on behalf of the Plaintiff.

C. On May 25, 2016, the Defendant filed an application with the Plaintiff for a payment order seeking reimbursement due to the subrogation against the Plaintiff in the Daegu District Court Port Support (2016j. 2165).

On May 27, 2016, the above court issued a payment order stating that "the plaintiff shall pay to the defendant 15,246,079 won and 15,102,036 won per annum from May 26, 2016 to the service date of the original copy of the payment order, and 12% per annum from the next day to the day of complete payment (hereinafter "the payment order in this case," and the bonds based thereon are "bonds for indemnity in this case"). The above payment order was finalized around that time.

E. Meanwhile, on November 10, 2015, the Plaintiff filed an application for bankruptcy and exemption with the Daegu District Court (2015Hadan4580, 2015da4580), and was declared bankrupt on July 13, 2016 by the said court, and was granted a decision to grant immunity on September 28, 2016 (hereinafter “instant decision to grant immunity”).

After October 13, 2016, the decision to grant immunity became final and conclusive, and the list of creditors attached to the above decision to grant immunity states the Plaintiff’s obligation to the National Bank, which is the Plaintiff’s obligation to the National Bank, but is not indicated in the claim to grant reimbursement.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1, 2 and 7 evidence, each of the facts in this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “The debtor shall be deemed a bankruptcy claim against a property claim arising before the declaration of bankruptcy.” Article 566 of the Act provides that “The debtor shall be deemed a bankruptcy claim.” Article 523 of the Act provides that “The debtor shall be exempted from liability.”