1. The Defendant’s compulsory execution based on the judgment in Seoul Southern District Court 2009 Ghana895 against the Plaintiff is a compulsory execution.

1. Basic facts

A. On February 27, 1998, the Defendant, while lending KRW 4 million to the Plaintiff (hereinafter “instant loan claims”), was issued and delivered a promissory note with a face value of KRW 4 million from the Plaintiff, and the due date on January 30, 200.

B. On July 19, 2007, the Plaintiff filed for bankruptcy and immunity with the Seoul Central District Court (2007Hadan30637 and 2007Ma306555) and was declared bankrupt on October 25, 2007. Upon receiving immunity on March 7, 2008, the said immunity became final and conclusive on March 22, 2008.

The plaintiff reported 17 creditors' claims, including D Co., Ltd., in the creditors' list at the time of the above bankruptcy and exemption, but did not state the defendant's claim for the loan of this case.

C. On December 18, 2008, the Defendant filed an application with the Seoul Southern District Court for a payment order claiming KRW 4 million of the instant loan and interest interest thereon. On July 22, 2009, the Defendant was sentenced to a judgment in favor of the entire court by public notice (hereinafter “instant judgment”), and the instant judgment became final and conclusive around that time.

On July 25, 2019, the defendant was issued a seizure and collection order against the plaintiff's deposit claim E against the Daegu District Court Kimcheon branch on July 25, 2019 by making the final judgment of this case as the executive title.

[Ground of recognition] Evidence No. 1-2, Evidence No. 2, Evidence No. 2, Evidence No. 1-1, and the purport of the whole pleadings

2. A claim on property arising prior to the declaration of bankruptcy against a debtor for a judgment on the cause of a claim, i.e., a bankruptcy claim is exempt 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 same Act, even if a decision on immunity against a bankrupt becomes final and conclusive and conclusive, insofar as such exemption does not fall under the case of the proviso of Article 566 of the same Act (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010).