1. The Defendant’s compulsory execution against the Plaintiff based on the Seoul Northern District Court Decision 2008Gaso25634 decided on the case.

1. Basic facts

A. The Defendant filed a lawsuit claiming the agreed amount against the Plaintiff as Seoul Northern District Court 2008Gabu25634.

On September 25, 2008, the above court rendered a ruling that "the plaintiff shall pay to the defendant 12,000,000 won with 30% interest per annum from October 11, 2007 to the day of full payment" (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive around that time.

B. The Plaintiff was declared bankrupt on June 14, 2013 by filing a petition for bankruptcy and immunity with the Gwangju District Court (2012Hadan3056, 2012Ka3056), and the decision became final and conclusive on August 30, 2013. The list of creditors submitted by the Plaintiff to the said court did not state the Defendant’s claim based on the instant judgment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that, in the course of bankruptcy and application for immunity, the plaintiff did not recognize that the defendant was liable to the defendant in the course of making bankruptcy and application for immunity, and omitted the defendant in the creditor list, the debt against the defendant is also exempted from the above immunity decision, and ultimately, compulsory execution according to the judgment of this case should be

In regard to this, it is reasonable to see that the Plaintiff was aware of the existence of the obligation against the Defendant at the time of the Plaintiff’s bankruptcy and application for immunity. As such, the Plaintiff’s obligation against the Defendant constitutes “a claim not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, and accordingly, the Defendant’s obligation against the Defendant should be excluded from the scope of immunity.

B. "Claims that an obligor has not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act means that the obligor is a bankruptcy creditor before immunity is granted.