1. The defendant's payment order against the plaintiff was the final and conclusive payment order of the Seoul Central District Court No. 2008 tea 39622.

1. Facts of recognition;

A. On June 27, 2007, the Defendant was transferred by Nonparty D’s loan claim (hereinafter “instant claim”) previously owned by the said bank against the Plaintiff.

B. On June 20, 2008, the Defendant filed a payment order with the Seoul Central District Court for the payment of the above amount with respect to KRW 2,374,320 and KRW 1,076,569 from May 29, 2008 to the day of full payment, and applied for a payment order with respect to the claim that “the Plaintiff shall pay the Defendant an amount equivalent to 20% per annum from May 29, 2008 to the day of full payment” (hereinafter “instant payment order”) issued by the Defendant was served with the Plaintiff on August 29, 2008, and the above payment order became final and conclusive on September 13, 2008 without the Plaintiff’s objection.

C. On the other hand, on April 9, 2007, the Plaintiff filed an application for bankruptcy and exemption with the Seoul Rehabilitation Court, and was declared bankrupt on July 16, 2007 (Seoul Rehabilitation Court Decision 2007Hadan15967), November 9, 2007 (Seoul Rehabilitation Court Decision 2007Ma15975), and the above decision of immunity became final and conclusive on November 27, 2007.

However, in the list of creditors submitted at the time of the application for bankruptcy and immunity, the Plaintiff reported the creditors' claims to nine including the E-liability company and other financial institutions, but the Defendant did not state it as the creditor.

The defendant, based on the above payment order, received the seizure and collection order of each claim against the plaintiff's deposit, insurance money, and refund money from Seoul Western District Court 2008TTT 11426, 2010TT 8717, and executed the seizure of claim.

[Reasons for Recognition] Facts without dispute, Gap 1 through 7 evidence, each entry of Eul 1 to 3, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s claim on the property arising before the bankruptcy is declared against the debtor, that is, the bankruptcy claim does not fall under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the decision to grant immunity on the bankrupt becomes final and conclusive, and is not entered in the list of creditors.