1. The Defendant’s payment order against the Plaintiff was based on the Seoul Central District Court Decision 2016 tea4285.

1. Basic facts

A. On November 18, 2016, the Seoul Central District Court filed an application with the Plaintiff and the non-party D (hereinafter “non-party D”) for a payment order for a loan (2016 tea) against the Plaintiff and the non-party D (hereinafter “non-party D”). On November 18, 2016, the above court issued a payment order stating that “the Plaintiff shall jointly and severally with the non-party company pay to the Defendant 112,01,820 won and delay damages for KRW 64,059,000, whichever was later (hereinafter “instant payment order”). The instant payment order was finalized around that time.

B. On January 4, 2017, the Plaintiff filed an application for bankruptcy and exemption with the Incheon District Court and received immunity around April 11, 2017 (No. 2017Hadan43) and around April 9, 2018.

(2017No. 43, hereinafter “instant decision to grant immunity”)

The Plaintiff entered the Defendant in the list of creditors at the time of filing an application for bankruptcy and exemption from liability. However, around December 28, 2017, the Plaintiff obtained the certification of the Defendant’s credit content, collateral content, and the Defendant’s claim against the Plaintiff was entirely transferred to the Korea Technology Credit Guarantee Fund and excluded the Defendant from the list of creditors.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, Eul's 1 through 3, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. Any property claim arising prior to the declaration of bankruptcy against a debtor as to the judgment on the cause of a claim, that is, a bankruptcy claim, even if a decision to grant immunity on the bankrupt becomes final and conclusive, does not fall under the case of the proviso to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the effect of bankruptcy under Article 565 of the same Act, unless it falls under the case of the proviso to Article 566 of the same Act. The fact that the Plaintiff was granted the decision to grant immunity on April 9, 2018 is as seen earlier. The Defendant’s claim against the Plaintiff is a property claim arising from the cause arising prior to the declaration of bankruptcy