1. The defendant's payment order issued on October 23, 2007 against the plaintiff of Daegu District Court 2007 tea 14691 was due.

1. Basic facts

A. The defendant applied for a payment order against the plaintiff on June 30, 2007 to the plaintiff as the Daegu District Court 2007Hu14691 on October 22, 2007 (the date of loan: the sum of the loan principal until September 6, 2007: 4,157,808 won, and the aggregate of the fixed delay damages until September 6, 2007: 4,781,403 won, total amount of the loan amount: 8,939,211 won, and hereinafter "the bonds of this case") for a payment order against the plaintiff on October 22, 2007, which was issued to the plaintiff on October 23, 2007, the court received the above payment order from the creditor on October 23, 2007 to the plaintiff at the rate of 8,939,141 and 207 won, and the above payment order was delivered to the plaintiff on October 23, 2007.

B. On August 10, 2007, before the Defendant applied for the instant payment order, the Plaintiff filed an application for bankruptcy and exemption under the Daegu District Court 2007Hadan9712 (2007Hau9712) (the Plaintiff did not enter the Defendant’s claim against the Plaintiff in the list of creditors.

On September 1, 2008, the above court rendered a decision to grant immunity (hereinafter “the decision to grant immunity”) to the Plaintiff, and the above decision to grant immunity became final and conclusive on September 17, 2008.

C. The Defendant applied for a compulsory auction on the real estate owned by the Plaintiff with an executory exemplification of the instant payment order as Seoggu District Court Seo Branch C, and the said court decided to commence the auction procedure on the said real estate and seize it.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. Determination:

A. Before the debtor is declared bankrupt for the determination of the cause of the claim.