1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff was declared bankrupt on July 22, 2014 in Daejeon District Court 2014Hadan1391, 2014 1393, and was decided to grant immunity on September 25, 2014.

B. However, at the time of the declaration of bankruptcy and the decision of exemption, the list of creditors did not cover the following claims.

C. On December 21, 2015, the Defendant filed an application with the Plaintiff, etc. for a payment order of loans 2015 tea506 with the Daejeon District Court, Daejeon District Court, which was impossible to serve. On February 22, 2016, the Defendant filed an application for filing a lawsuit and filed a claim for loans 2016Kahap17 with the Daejeon District Court. The loan claim was a claim arising from the cause that occurred before the said bankruptcy was declared against the Plaintiff.

The lawsuit for the above loan claim was initiated by public notice against the plaintiff, and the argument was concluded on June 15, 2016, and on the 29th of the same month, the judgment was rendered to the effect that "the plaintiff, etc. shall jointly and severally pay to the defendant 300 million won and the amount calculated by the ratio of 30% per annum from October 1, 2009 to July 14, 2014, and 25% per annum from the next day to the day of full payment."

(hereinafter referred to as "the judgment of the executive title of this case"). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 3, Eul evidence 2 through 5 (including provisional number), and the purport of the whole pleadings.

2. The plaintiff's assertion was already subject to bankruptcy or exemption prior to the judgment of the executive title of this case, and the plaintiff did not intentionally omit the defendant in the list of creditors, and thus, the plaintiff is not obligated to pay the above loan,

Therefore, compulsory execution based on the judgment of the execution title against the plaintiff of this case should not be permitted.

3. One-speak, and the reason for an objection in a lawsuit of demurrer shall, in case where the executive titles are the judgment, have occurred after the pleadings have been closed;

(Article 44(2) of the Civil Execution Act. However, the reasoning of the Plaintiff’s objection, that is, the decision of bankruptcy or exemption, is a pleading.