A. On January 3, 2004, the Defendant lent 8 million won to the Plaintiff on March 3, 2004 at the maturity of KRW 4% per month and interest. On March 19, 2008, the Defendant filed a lawsuit against the Plaintiff on March 19, 2008 against the Plaintiff seeking payment of KRW 8 million as the Mancheon District Court Decision 2008 Ghana4645.

On September 10, 2008, the District Court rendered a judgment that "the plaintiff shall pay to the defendant the amount of eight million won and the amount calculated by the rate of 20% per annum from January 4, 2004 to the date of full payment." The above judgment (hereinafter "the judgment of this case") was delivered to the plaintiff by service by public notice, and then became final and conclusive around that time.

B. The Plaintiff filed a petition for bankruptcy and immunity with the Daegu District Court No. 2014Hadan2977 and 2014Ma2977, and was declared bankrupt and granted immunity from the above court, and the above immunity decision (hereinafter “instant immunity decision”) became final and conclusive on October 31, 2015.

However, the list of creditors submitted by the plaintiff to the above bankruptcy and exemption cases was not shown by the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers for those with branch numbers), Eul evidence No. 3, the purport of the whole pleadings

2. That is, a property claim arising from a cause before the debtor is declared bankrupt, that is, a bankruptcy claim becomes final and conclusive, and even if such immunity is not entered in the list of creditors at the time of application for immunity, insofar as it does not fall under the proviso thereof pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the liability ceases to exist and becomes natural obligations and the ability and executive force of the lawsuit ordinarily held by the debtor is lost.

According to the above facts of recognition, claims based on the judgment of this case constitute bankruptcy claims based on property claims arising before bankruptcy is declared, and immunity of this case is granted.