1. The plaintiff's claim is dismissed.

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

Facts of recognition

In around 2016, the Plaintiff filed an application for bankruptcy or immunity with the Incheon District Court No. 5151, No. 2016Hadan5155, and on May 16, 2017, the decision was finalized upon receiving the exemption decision from liability from the above court.

However, at the time of the above bankruptcy and application for immunity, the Plaintiff did not enter the obligations to the Defendant in the court while preparing and submitting a list of creditors.

1) After the Defendant acquired the Plaintiff’s claim against the Plaintiff, around April 2013, the Defendant applied for a payment order against the Plaintiff as Seoul Western District Court 2013 tea29392. In the foregoing case, the payment order for the Plaintiff’s claim for the transferee amount (hereinafter “instant payment order”).

(2) On May 30, 2013, upon the issuance of the instant order, the Plaintiff was served on the Plaintiff on May 30, 2013. Since the Plaintiff did not raise any objection, the instant order of payment became final and conclusive as is. (2) The Defendant applied for the attachment and collection order for each of the Plaintiff’s new bank claims as the Incheon District Court Decision 2015TTT 11293.

On August 5, 2015, when the seizure and collection order was issued in the above application case, the plaintiff, the debtor, was directly served the original copy of the decision in the above case.

[Reasons for Recognition] The Plaintiff’s assertion as to the absence of dispute, the entry of Eul’s evidence Nos. 1 through 3, and the cause of claim for the entire purport of the pleadings is sought by asserting that the obligation against the Defendant under the payment order of this case was exempted due to the confirmation of the immunity decision of this case, and thus, denying compulsory execution based on the above payment order.

Judgment

“Claims that are not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation Act refers to cases where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Therefore, if the obligor was aware of the existence of an obligation, even if the obligor did not enter it in the list of creditors by negligence, it is prescribed by