1. The Defendant’s decision was based on the Incheon District Court Branch Decision 2010Kadan17897 Decided September 7, 2010.

1. Basic facts

A. On September 5, 2002, the Plaintiff drafted an agreement to pay KRW 26.5 million to the Defendant by September 14, 2002.

B. Around 2010, the Defendant filed a lawsuit against the Plaintiff to pay KRW 26,50,000 to the Plaintiff (In Incheon District Court Branch Decision 2010Da17897, Sept. 7, 2010; KRW 26.5 million; KRW 5% per annum from September 15, 2002 to April 23, 2010; and KRW 20% per annum from the next day to the date of full payment.

(hereinafter referred to as the “instant judgment,” and the claim based on the instant judgment shall be referred to as the “instant claim”).

In 2018, the Plaintiff filed an application for bankruptcy and exemption (In Incheon District Court 2018Hadan10058, 2018, 20058, 10058), and was granted immunity on May 17, 2018, and on December 5, 2018.

The plaintiff did not enter the claim of this case in the list of creditors until the bankruptcy and exemption decision is made.

[Evidence] Facts without dispute, Gap's 1 to 4, and 6's statements, the purport of the whole pleadings

2. In other words, a property claim arising prior to the declaration of bankruptcy against a debtor regarding the determination of the cause of a claim, which is, a bankruptcy claim, even if a decision to grant immunity on the bankrupt becomes final and conclusive, that is, a bankruptcy claim is not entered in the list of creditors at the time of application for immunity, barring the case falling under the proviso thereof pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the liability is extinguished unless it falls under the proviso thereof, and the right

In light of the above facts, the claim in this case constitutes a bankruptcy claim based on the property claim arising before the declaration of bankruptcy against the plaintiff, and barring any special circumstance, the decision of immunity against the plaintiff became final and conclusive and thus, the plaintiff's obligation against the defendant is also exempted. Thus, the defendant's claim in this case is against the plaintiff based on the judgment in this case