1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Hyundai Card Co., Ltd. had a claim against the Plaintiff for payment due to the use of credit cards, but thereafter, this claim was transferred to the Defendant on July 31, 2013 through the Uss/ASS Specialized Limited Company, the Promotion Mutual Savings Bank Co., Ltd., and the DK Asset Management Loan Co., Ltd.

B. On January 27, 2014, the Defendant filed an application against the Plaintiff for a payment order with the Seoul Central District Court No. 2014Da24351, and on March 27, 2014, the Plaintiff issued the instant payment order to the Defendant to pay the Defendant an amount equivalent to 20% per annum from March 11, 2014 (the day following the day when the original copy of the payment order was served) to KRW 15,771,205 and from March 11, 2014 to the day of complete payment (hereinafter “instant payment order”). The instant payment order was finalized on March 25, 2014.

C. The Plaintiff was declared bankrupt on June 14, 2016 and was granted immunity on March 2, 2017 in Incheon District Court 2016: (a) 10040 immunity; and (b) 2016Hadan10040, the Plaintiff became final and conclusive on March 18, 2017.

The defendant was not stated in the list of creditors submitted by the plaintiff at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 8, the purport of the whole pleadings

2. In other words, a claim on property arising from a cause before the declaration of bankruptcy against a debtor, namely, a bankruptcy claim, even if a decision to grant immunity against a bankrupt becomes final and conclusive and conclusive, unless it falls under the proviso thereof pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the liability is extinguished unless it falls under the case of the proviso thereof, and the right to file a lawsuit and executive force of an ordinary claim is lost due to natural obligation.

According to the above facts, this case's payment order claim was created as a cause before bankruptcy is declared.