A. The Defendant filed with the Jeju District Court No. 201 tea1738 a claim against the Plaintiff for a payment order claiming payment of KRW 3 million in check amount and damages for delay, and the said court issued the payment order upon the application for the above payment order (hereinafter “instant payment order”) on June 28, 2011.

The instant payment order was served on the Plaintiff on July 4, 201, and became final and conclusive on July 19, 2011.

On November 25, 2014, the Defendant issued a collection order for the attachment and collection of the instant payment order under the Sub-Government District Court 2014TT 16003, by designating the title as the title of execution.

B. On January 4, 2011, the Plaintiff: (a) was declared bankrupt on September 16, 201; (b) was granted immunity on January 3, 2013; and (c) the said immunity became final and conclusive on January 19, 2013.

The list of creditors submitted by the Plaintiff at the time of exemption was not included in the claim for the instant payment order.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 to 5 (including each number), the purport of the whole pleadings

2. In other words, a claim on property arising from a cause before the declaration of bankruptcy against a debtor, namely, a bankruptcy claim, even if a decision to grant immunity against a bankrupt becomes final and conclusive, and such decision does not fall under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act at the time of the application for immunity, unless it falls under the case of the proviso of Article 566 of the same Act, the liability is extinguished pursuant to Article 566 of the same Act, and the right to institute a lawsuit and the power of execution that ordinarily

According to the above facts, this case's payment order's claim constitutes bankruptcy claim due to property claim arising from the cause that occurred before the bankruptcy is declared, and the plaintiff's obligation against the defendant is exempted due to the decision to grant immunity against the plaintiff, and thus, the payment order in this case is exempted.