1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 11, 2009, the Defendant filed an application with the Plaintiff for a payment order seeking the payment of the acquisition amount under this Court No. 2009 tea87398.

This Court accepted the above application and issued the payment order (hereinafter “instant payment order”) on August 20, 2009, and issued the Plaintiff’s debt against the Defendant (hereinafter “instant debt”).

On August 27, 2009, the payment order of this case was served as the plaintiff's domicile and was received by the plaintiff's cohabitant (spouse). The payment order of this case was finalized on September 11, 2009.

B. On October 16, 2009, upon the instant payment order, the Defendant received a seizure and collection order (hereinafter “first collection order”) for the Plaintiff’s claim against D, etc. as the court 2009TT 30732 on October 16, 2009. The order was served as the Plaintiff’s domicile on March 18, 2010, and was received by the Plaintiff’s cohabitant (spouse).

In addition, on December 15, 2015, the Defendant received the claim seizure and collection order (hereinafter “second collection order”) for the purpose of the Plaintiff’s claim against the Plaintiff Company E, etc. by Seoul Eastern District Court 2015TTT17074, and on February 5, 2016, the order was served as the Plaintiff’s domicile and received by the Plaintiff’s cohabitant (spouse).

C. On the other hand, on August 3, 2015, the Plaintiff filed an application for bankruptcy and exemption from liability with this Court No. 2015Hau7061, 2015Hau7061.

On March 5, 2016, this Court rendered a decision to exempt the Plaintiff (hereinafter “instant decision to grant immunity”) and the said decision became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 5, 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 liability for the instant claim according to the decision to grant immunity.