1. The defendant's enforcement against the plaintiff by Busan District Court Order 2009Guj3204 is denied.

1. Facts of recognition;

A. On February 2, 2009, the Defendant (Co., Ltd.) received a payment order from the above court in the case of the payment order claiming “1,342,103 won and damages for delay” against the Plaintiff on February 2, 2009 by Busan District Court 2009Hu3204, which was issued by the above court, and the above payment order became final and conclusive around that time.

(hereinafter “instant debt”). (b)

On April 26, 2010, the Plaintiff declared bankrupt (Seoul Central District Court Decision 2009Hadan16723) and April 26, 2010, upon the decision to grant immunity by the Seoul Central District Court 2009Da16723, the said decision to grant immunity became final and conclusive on May 11, 2010.

(hereinafter referred to as “instant exemption decision”). C.

The plaintiff did not enter the defendant in the list of creditors of the bankruptcy case at issue.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3 and 4

2. Determination

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that "any claim on the property arising before the declaration of bankruptcy against a debtor shall be a bankruptcy claim" and Article 566 of the same Act provides that "any debtor who has received immunity shall be exempted from all obligations to any bankruptcy creditor except dividends pursuant to bankruptcy procedures: Provided, That any of the following claims shall not be exempted from liability." Thus, even if the bankruptcy claim is not entered in the list of creditors of the application for immunity, unless it falls under any of the subparagraphs of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010). Thus, according to the above facts of recognition, the compulsory execution on the debt of this case shall be denied unless there are other circumstances.

B. The Plaintiff, despite being aware of the existence of the instant obligation at the time of filing an application for bankruptcy and immunity, does not enter it in the list of creditors.