A. On March 20, 1996, the Plaintiff borrowed KRW 10,000,000 from Dongyang Life Insurance Co., Ltd. (hereinafter “Dongyang Life Insurance”).

B. On September 18, 2015, the Defendant filed an application for payment order against the Plaintiff on the ground that the Defendant acquired the above loans from the Dongyang Lifelong Life, with the Seoul Central District Court 2015Guj225945, and on October 1, 2015, the said payment order became final and conclusive around that time due to the Plaintiff’s failure to raise an objection against the original of the payment order on October 1, 2015.

C. Meanwhile, the Plaintiff filed an application for bankruptcy and exemption from liability with the Daegu District Court Decision 2006Hadan10895, 2006 Ma11377, and the decision of immunity became final and conclusive on September 21, 2007 upon being declared bankrupt.

However, at the time of the application for bankruptcy and immunity, the Plaintiff did not enter the claim for the loans for the Eastyang Life in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. Any property claim arising from a cause before the debtor is declared bankrupt, that is, a bankruptcy claim, even if a decision to grant immunity on the bankrupt becomes final and conclusive, is not entered in the list of creditors at the time of 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 shall be exempted from the liability and shall lose the ability to file a lawsuit and executive power, which ordinarily has claims

According to the above facts, the defendant's compulsory execution based on the payment order of this case against the plaintiff is not allowed unless there are special circumstances, since the defendant's claim for the loan against the plaintiff of the same Yangyang Life, which is the basis of the payment order of this case, is a property claim arising from the cause before bankruptcy is declared, and the immunity decision against the plaintiff is finalized and thus its executory power is lost.

B. As to this, the defendant shall apply for the bankruptcy and exemption procedure of the plaintiff.