1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 27, 2008, the Plaintiff received a decision to grant immunity on November 19, 2009 (hereinafter “decision to grant immunity”) from Suwon District Court Decision 2008Hadan12032, 2008, and 12031, which decided to grant bankruptcy and application for immunity. The above decision to grant immunity became final and conclusive around that time.

At the time, claims against the defendant were not stated in the list of creditors.

B. On January 11, 2010, the Defendant filed a lawsuit against the Plaintiff and the Plaintiff’s spouse C with the Suwon District Court Branch No. 2010 Ghana146.

On June 15, 2010, the above court served a duplicate of the complaint by public notice and proceeded with the pleadings. On the same day, the court rendered a judgment that "the plaintiff and C shall jointly and severally pay the defendant 4 million won and damages for delay." The above judgment became final and conclusive on July 8, 2010.

(hereinafter referred to as “instant final judgment”) C.

However, on October 13, 2011, the above C also rendered bankruptcy and application for immunity from Suwon District Court Decision 201Hadan8465, 201, 8465, and 8465, and the above decision became final and conclusive upon receipt of immunity on January 9, 2013. At the time, the list of creditors included claims against the Defendant.

Based on the final judgment of the instant case, the Defendant filed a collection order for the seizure and collection of the claim (hereinafter “instant seizure and collection order”) with the Suwon District Court Branch 2019TTT25174, and received the ruling of acceptance on April 18, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap No. 1 to 5, Eul No. 1 and 2, the purport of the whole pleadings

2. Determination:

A. The gist of the Plaintiff’s assertion asserts that compulsory execution based on the final judgment of this case should be denied, since the Plaintiff did not omit the Defendant’s claim in the list of creditors in bad faith while filing an application for bankruptcy and exemption.

B. Although the obligor is granted immunity, the fact is true until the date of closing argument in the lawsuit brought by the obligee.