A. The Defendant filed a lawsuit against the Plaintiff and C for the payment of the purchase price as the Gwangju District Court 2013 Ghana40598. As a result of the instant case by public notice, the said court rendered a judgment on July 5, 2013 that “the Plaintiff, C, jointly and severally, shall pay the Defendant KRW 15,908,470, and damages for delay thereof,” and the said judgment became final and conclusive around that time.

(hereinafter referred to as “related litigation”). (b)

On November 6, 2013, the Plaintiff filed a petition for adjudication of bankruptcy and exemption from liability with the Seoul Central District Court 2013, 11040, 2013Hadan11040, and received immunity from the above court on August 26, 2014. The Defendant’s above final and conclusive payment claim (hereinafter “instant claim”) based on the relevant lawsuit’s list was not stated in the list of creditors.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination

A. Any property claim arising prior to the declaration of bankruptcy against the debtor as to the judgment on the cause of the claim, that is, the bankruptcy claim shall be exempted 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 (hereinafter “ Debtor Rehabilitation Act”), even if the decision on immunity against the bankrupt becomes final and conclusive and conclusive, unless it falls under

According to the above facts, the instant claim is a property claim arising from a cause arising prior to 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 the Defendant’s related lawsuit against the Plaintiff cannot be permitted.

B. Determination 1 on the Defendant’s assertion 1) Since the Plaintiff did not enter the instant claim in the list of creditors in bad faith in the aforementioned exemption case, the Defendant’s claim in this case constitutes non-exempt claim and can be subject to compulsory execution.