1. This Court shall not allow compulsory execution based on a judgment 2017Gaso70414 Decided April 13, 2018.

2. The costs of lawsuit shall be.

1. Facts of recognition;

A. On May 29, 2012, the Plaintiff filed an application for bankruptcy and exemption from liability.

(2) The Plaintiff was declared bankrupt and exempted from liability on June 18, 2013, and the decision became final and conclusive around that time. (3) The Plaintiff was declared bankrupt and became final and conclusive on June 18, 2013.

B. On July 31, 2017, the Defendant filed an application with the Plaintiff for a payment order claiming the following loans and the guaranteed debt.

(A) A total of KRW 5,50,000,000 for loans to the Plaintiff (i) KRW 3 million on August 2, 2008; ② KRW 60,000 on August 30, 2008; ③ KRW 100,000 on February 20, 2009; ④ KRW 11 million on August 31, 2009 (B) on loans to the Plaintiff guaranteed by the Plaintiff (i.e., KRW 2 million on August 11, 2008; ② KRW 2 million on September 13, 2008; ③ KRW 500,000 on September 30, 2008; ④ KRW 200,000 on September 27, 2009; ④ KRW 17,74,200 on August 27, 2009).

On April 13, 2018, this Court served a public notice on the Plaintiff, and rendered a judgment that “the Plaintiff would have withdrawn the part of KRW 3 million on August 2, 2008, out of the amount for which the Plaintiff filed an application for a payment order of KRW 13.5 million with the Defendant.” As to the judgment, the Court rendered a judgment that “the Plaintiff would pay the Defendant the amount calculated at the rate of KRW 15% per annum from January 6, 2018 to the date of full payment” (hereinafter “the final judgment of this case,” and the claim that ordered the payment of this case is referred to as “the instant claim”).

The judgment was served on the Plaintiff on April 20, 2018, and became final and conclusive on May 4, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 5-1, the purport of the whole pleadings

2. Determination as to the cause of action

(a) If the debtor is decided to grant immunity, any bankruptcy creditor may not perform any compulsory execution on his/her property;

However, since the executive title with respect to the obligation exempted does not automatically lose its effect, the debtor may waive the executive force by filing a lawsuit of objection against the claim.

Supreme Court Decision 2013Ma1438 Decided September 16, 2013