1. It is based on the judgment of Suwon District Court rendered on January 18, 201 with respect to the Defendant’s Plaintiff on the basis of the Suwon District Court Decision 2010 Ghana12149 Decided January 18, 201.

1. Basic facts

A. On January 18, 2011, the Defendant filed a lawsuit against the Plaintiff seeking payment of the amount payable as the Suwon District Court Branch Branch 2010da12149, and the said court proceeded with the lawsuit by public notice. On January 18, 2011, the Defendant rendered a judgment with the purport that “the Plaintiff shall pay to the Defendant the amount of KRW 935,980 and the amount of KRW 882,00 calculated at the rate of 20% per annum from January 19, 201 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. The Plaintiff filed an application for bankruptcy and discharge (hereinafter “instant application for bankruptcy and discharge”) with Suwon District Court Nos. 2016Hadan5202 and 2016Ma5202, and the said court rendered a decision to grant immunity to the Plaintiff on October 18, 2017, and the said decision to grant immunity became final and conclusive on November 2, 2017.

C. The Plaintiff did not enter the Defendant’s claim under the instant judgment (hereinafter “instant claim”) in the list of creditors submitted at the time of filing an application for bankruptcy and exemption.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the claim in this case constitutes a bankruptcy claim arising before the declaration of bankruptcy under Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), and thus, the Plaintiff was exempted from the liability to repay the claim pursuant to the main sentence of Article 566 of the Debtor Rehabilitation Act according to the decision on immunity in this case.

Therefore, barring special circumstances, the defendant's compulsory execution based on the judgment of this case against the plaintiff should not be permitted.

3. Judgment on the defendant's assertion

A. The gist of the defendant's assertion is that the plaintiff did not enter the claim in the list of creditors with knowledge of the existence of the claim in this case in bad faith. Thus, the plaintiff cannot claim non-exempt claims based on the judgment of this case.

B. Determination 1: Debtor Rehabilitation and Bankruptcy Act.