1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 14, 2010, the Defendant filed an application with the Plaintiff for a payment order claiming the payment of the acquisition amount under this court’s 2010 tea75523.

This Court accepted the above application and issued the payment order (hereinafter “instant payment order”) on October 21, 2010.

The instant payment order was served on October 29, 2010 on the Defendant and became final and conclusive on November 13, 2010.

B. The Plaintiff filed an application for bankruptcy and exemption from liability with this Court No. 2017Hadan3545, 2017Ka3545.

On January 12, 2018, this Court rendered a decision to grant immunity to the Plaintiff (hereinafter “instant decision to grant immunity”) and the said decision became final and conclusive on January 30, 2018.

However, the Plaintiff did not enter the obligations pursuant to the instant payment order (hereinafter “instant obligations”) in the list of creditors submitted at the time of the above bankruptcy and exemption request.

C. Meanwhile, on February 9, 2018, upon the instant payment order, the Defendant received the claim attachment and collection order (hereinafter “instant collection order”) for the Plaintiff’s claim against the Plaintiff Company C as Seoul Southern District Court 2018TT18T1869, and around that time, served the Plaintiff with the collection order for the claim attachment and collection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination:

A. The instant claim constitutes a bankruptcy claim arising prior to 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 for the instant claim according to the decision to grant immunity.

Therefore, barring any special circumstance, compulsory execution based on the payment order of this case against the plaintiff cannot be permitted.

B. The judgment of the defendant as to the defendant's assertion is that the plaintiff did not enter it in the list of creditors in bad faith with the knowledge of the existence of the debt of this case.