The defendant's payment order against the plaintiff was based on the Seoul Central District Court 2013 Before 21580.

Facts of recognition

A. A. A limited liability company D applied for a payment order against the Plaintiff to the Seoul Central District Court (Seoul Central District Court 2013 tea 215580, hereinafter “instant payment order”), and the instant payment order was finalized on December 10, 2013.

B. On December 13, 2018, the Defendant transferred the loan claim on the instant payment order from a limited liability company D, and notified the Plaintiff of the transfer of the loan claim on March 12, 2019.

C. The Plaintiff was granted immunity on September 28, 2018 by filing bankruptcy and application for immunity with Seoul Rehabilitation Court No. 2018, 1751, 2018Hadan1751, and the said immunity became final and conclusive.

The claims under the payment order of this case were not stated in the list of creditors submitted by the plaintiff at the time of filing an application for bankruptcy and immunity.

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

2. The Defendant’s claim against the Plaintiff constitutes a bankruptcy claim under Article 423 of the Debtor Rehabilitation and Bankruptcy Act, which is a claim on the property arising from a cause arising before the declaration of bankruptcy, and a decision to grant immunity to the Plaintiff became final and conclusive, barring any special circumstance, the Plaintiff’s liability for such claim is exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation Act.

Therefore, compulsory execution based on the payment order of this case cannot be permitted.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.