1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On July 5, 2013, the Defendant received a payment order against the Plaintiff from the Seoul Central District Court 2013 tea 134156, and the payment order became final and conclusive around September 12, 2013.

B. On December 29, 2015, the Plaintiff’s decision became final and conclusive on January 14, 2016 upon the decision to grant immunity from Seoul Central District Court 2015Da6578.

[Ground for recognition] Unsatisfy

2. According to the above facts of recognition, the Plaintiff was granted immunity, barring special circumstances, and thus, the Defendant is also exempted from the obligation based on the above payment order, and the Defendant cannot perform compulsory execution based on the above payment order.

In this regard, the defendant asserts that since the plaintiff failed to pay the debt of this case in bad faith in the case of immunity, it constitutes a ground for denial of immunity.

According to the statement No. 1-2 and No. 1-2 of the plaintiff's evidence No. 1-2, the plaintiff's obligation to the defendant is the obligation of the plaintiff's own loan, and the above payment order is recognized that the plaintiff's mother was legally received and delivered in Gangseo-gun D at the time of service.

According to this, it is reasonable to view that the above payment order was legally served on the plaintiff and it was known to the plaintiff.

Thus, the plaintiff was omitted in the list of creditors even though he knows the debt of this case, which constitutes a ground for refusing to grant immunity.

3. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.