1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 4, 2013, the Korea Savings Bank loaned KRW 10,000,000 to the Plaintiff on September 4, 2013 at the rate of 39% per annum on September 4, 2018, and on January 21, 2016, the said Savings Bank transferred the Defendant’s credit against the Plaintiff (hereinafter “instant loan credit”).

The Defendant filed an application with the Plaintiff for a payment order with Seoul Northern District Court 2017 tea 59544. On November 14, 2017, the said court ordered the Defendant to pay KRW 933,197, and KRW 475,001, “The Plaintiff shall pay to the Defendant the amount equivalent to 39% per annum from November 10, 2017 to the date of full payment,” and the said order was finalized on February 6, 2018.

B. On April 5, 2016, the Plaintiff filed an application for individual rehabilitation with the Seoul Rehabilitation Court 2016 Congress 39722, and accordingly, the decision to commence individual rehabilitation was rendered on April 26, 2016, and rendered a decision to authorize the repayment plan on July 3, 2017.

Upon filing an application for individual rehabilitation, the claims for the loans have not been entered in the list of individual rehabilitation creditors submitted to the rehabilitation court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that, inasmuch as the plaintiff did not unlawfully omit the defendant's claim in the above individual rehabilitation procedure, compulsory execution based on the payment order of this case should be denied.

On the other hand, with respect to the exemption of claims omitted in the list of creditors, the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that in the case of bankruptcy immunity, the debtor shall not be exempt from liability for claims not entered in the list of creditors in bad faith (Article 566 subparag. 7 of the Act). However, in the case of individual rehabilitation immunity, the Act provides that “for claims not entered in the list of creditors, the debtor shall not be exempted from liability for claims not entered in the list of creditors” (Article 566).

(Article 625(2)(1) of the Act shall also apply to the Act.