The defendant filed a lawsuit against the plaintiff as Seoul Central District Court 2008Gaso7228. The above lawsuit was initiated by service by public notice, and on August 21, 2008, the judgment of the court below that "the defendant (the plaintiff of this case) shall pay to the plaintiff (the defendant of this case) 17,054,80 won and interest calculated at the rate of 20% per annum from August 20, 2008 (hereinafter "the judgment of this case"). The above judgment became final and conclusive around that time.

B. However, the Plaintiff was granted immunity on June 23, 2015 by filing a bankruptcy and application for immunity with the Seoul Central District Court Decision 2015Hadan872, 2015Ma872, and the said immunity became final and conclusive on July 11, 2015, and the Plaintiff’s claims at the time were not entered in the list of creditors.

2. The Defendant asserted to the effect that, with respect to the instant lawsuit seeking the denial of compulsory execution based on the judgment of this case on the ground that the decision of this case became final and conclusive, it is unlawful to file a lawsuit seeking the objection of this case without filing an incidental appeal against the judgment of this case within two weeks from the time when the judgment of this case became final and conclusive. However, in order to seek the refusal of compulsory execution based on the judgment of this case on the ground that the decision of this case was granted immunity after the pronouncement of the judgment of this case, filing a lawsuit seeking the objection of this case on the grounds that the decision of this case was granted a decision of immunity, the prior objection of the

3. Judgment on the merits

A. The claim on the property arising before the bankruptcy is declared against the debtor, that is, the bankruptcy claim, even if the immunity decision on the bankrupt becomes final and conclusive, is not entered in the list of creditors at the time of the application for immunity, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, Article 565 of the same Act.