1. On October 26, 2012, the Defendant’s order based on the payment order (2012j 4229) issued against the Plaintiff by the Incheon District Court Branch for the Plaintiff.

1. Basic facts

A. C extended KRW 2,00,000 to the Plaintiff at the rate of 5% per month in around 2003 (hereinafter “instant claim”). B. The Plaintiff filed an application for bankruptcy and exemption (No. 4559, 2008, 4559, 2008, at the bottom of 2008, the Seoul Central District Court stated the instant claim in the creditor list, and was granted immunity on July 17, 2008 (hereinafter “instant exemption exemption”). The instant exemption exemption became final and conclusive on August 1, 2008 against the creditor.

(c)

On August 9, 2012, the Defendant received the instant claim from C, and around October 2012, filed an application with the Plaintiff for a payment order seeking payment of delayed damages calculated at the rate of 20% per annum from the next day of the delivery of the original copy of the payment order and the payment order therefor to the day of complete payment (Seoul District Court Decision 2012Da4229), and on October 26, 2012, the Plaintiff issued the payment order to the Defendant to pay the above amount of the claim and became final and conclusive on March 12, 2013 (hereinafter “instant payment order”). [Evidence] The evidence is not disputed, Gap’s evidence No. 2 through 5, Eul’s evidence No. 1 through 5, and the purport of the entire pleadings, each of the items of evidence No. 1 through No. 5, and the purport of the whole pleadings.

2. In light of the above facts, the claim in this case constitutes a bankruptcy claim with a claim on the property arising prior to the declaration of bankruptcy against the plaintiff, and upon the confirmation of the decision of immunity of this case against the plaintiff, the plaintiff's obligation against the plaintiff C is exempted and the plaintiff's right of action and executory power is lost.

The defendant acquired the claim of this case from C after the decision to grant immunity of this case became final and conclusive. The defendant acquired the claim of this case which lost the right to file a lawsuit and its executory power by exemption.

As such, compulsory execution against the plaintiff by the defendant based on the payment order of this case, which was received as to the above transferred money claim, is not allowed.

3. The plaintiff's claim is justified.