1. The Defendant’s compulsory execution against the Plaintiff by Seoul Southern District Court 201Gadan26289 is denied.

2...

1. On April 6, 2011, the Defendant filed a lawsuit against the Plaintiff as Seoul Southern District Court 201Kadan26289, and the court rendered a judgment on July 12, 2011 that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of KRW 32,760,000 and the amount calculated at the rate of KRW 20% per annum from June 10, 201 to the date of full payment.”

(hereinafter “instant judgment”). The instant judgment became final and conclusive around that time.

On July 25, 2011, the Plaintiff filed bankruptcy and application for immunity with the Seoul Central District Court No. 201Hadan08152, 2011,081.52. However, the Defendant’s claim for the purchase price of goods (the instant claim) did not enter the Defendant’s claim in the list of creditors.

On May 30, 2012, the Plaintiff was declared bankrupt and the decision to grant immunity became final and conclusive on August 10, 2012 upon the discontinuation of bankruptcy and the decision to grant immunity.

According to the judgment of this case, the Defendant applied for a seizure and collection order as to the Plaintiff’s deposit claims against the National Bank of Korea and Han Bank Co., Ltd., Ltd., and Han Bank, and received a collection order on March 23, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 6, the purport of the whole pleadings

2. Determination

A. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act, a claim on property against a debtor arising prior to the declaration of bankruptcy is a bankruptcy claim. According to the main sentence of Article 566 of the same Act, a debtor who has been exempted from liability is exempted from the liability for all obligations to a bankruptcy creditor except dividends arising from bankruptcy procedures.

Inasmuch as a claim based on the instant judgment constitutes a bankruptcy claim arising prior to the declaration of bankruptcy against the Plaintiff, and the fact that a decision to grant immunity to the Plaintiff became final and conclusive after the decision became final and conclusive is as seen earlier, compulsory execution based on the instant judgment is not permissible, barring any special circumstance.

B. The defendant against this, the plaintiff himself.