1. The defendant's decision against the plaintiff is based on the Changwon District Court, Kim Jong-si Court, 2010Gaso27534 decided October 12, 2010.

1. Facts of recognition;

A. On October 12, 2010, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the loan with the Changwon District Court Decision 2010Na27534, and the above court rendered a judgment ordering the Defendant to pay the loan, and the above judgment became final and conclusive around that time.

(hereinafter referred to as the “instant judgment,” and the “claim based on the instant judgment” is the instant claim. (b)

The Plaintiff filed a petition for bankruptcy and immunity with the Incheon District Court Decision 2017Hadan3656, 2017Ka3651, and the said court rendered a petition for immunity with respect to the Plaintiff on May 17, 2018 (hereinafter “instant immunity”). The said decision became final and conclusive on June 1, 2018.

C. The list of creditors submitted by the Plaintiff to the court in the bankruptcy and immunity procedure does not include any obligation under the instant judgment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. A. The claim on the property arising before the debtor's bankruptcy is declared against the debtor, that is, the bankruptcy claim shall be exempted from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the decision to grant immunity against the bankrupt becomes final and conclusive and conclusive and is not entered in the creditor list

According to the facts acknowledged above, the instant claim is a property claim arising from a cause arising prior to the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision against the Plaintiff has been finalized and thus has lost its executive force, barring any special circumstance, compulsory execution against the Plaintiff by the judgment of this case against the Plaintiff cannot be permitted.

B. The Defendant alleged that the instant claim constitutes non-exemptable claims, although the Plaintiff knew of the existence of the instant claim, and did not enter it in the list of creditors. However, the Defendant submitted it to the effect that the instant claim constitutes non-exempt claims.