1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 13, 2007, the Defendant filed an application against the Plaintiff for a payment order of credit card use charges with the Gwangju District Court 2007 tea1291, and on August 13, 2007, the court issued a payment order (hereinafter “instant payment order”) to the Defendant to order the payment of KRW 7,811,364 and its delay damages. The instant payment order was finalized around that time.

B. On March 14, 2012, the Plaintiff filed bankruptcy and application for immunity with Suwon District Court Decision 201Hadan1205, 201Da1205, the Plaintiff was granted immunity on March 14, 201, and the aforementioned immunity became final and conclusive on September 7, 2012, and the Plaintiff did not enter the Defendant’s claim for the instant payment order against the Plaintiff in the creditors’ list in the above bankruptcy and exemption case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. A claim on property arising from a cause before a bankruptcy is declared against a debtor, that is, a bankruptcy claim, becomes final and conclusive pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and a decision on immunity against a bankrupt is final and conclusive, both the debtor's liability is extinguished in principle, and the right of action and executive power that ordinarily holds a claim shall be extinguished.

According to the above facts, the defendant's claim for the payment order of this case against the plaintiff is a cause arising before bankruptcy is declared and constitutes a bankruptcy claim, and the immunity decision of this case becomes final and conclusive, barring any special circumstances, it shall be deemed that the defendant lost its executive force.

3. The defendant's assertion argues that since the plaintiff did not enter the above claims in the creditor's list despite being aware of the existence of the debt payment order in this case, the defendant's claim constitutes non-exempt claim.

"Claims by an obligor in bad faith not entered in the list of creditors" referred to in subparagraph 7 of Article 566 of the Act means obligations owed to a bankruptcy creditor before immunity is granted.