1. The plaintiff's claim is dismissed.

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

Facts of recognition

On April 26, 2013, the Defendant applied for a payment order with the Seoul Central District Court 2013 tea8835, and on May 4, 2018, the Defendant received from the above Seoul Central District Court a payment order for KRW 15,160,294 as to the Defendant and KRW 4,345,50 as to the Plaintiff and its 19.5% per annum from April 5, 2013 to the service date of the original copy of this payment order, and KRW 20% per annum from the next day to the day of full payment.

On June 17, 2013, the payment order against the plaintiff was finalized on July 2, 2013 because the plaintiff did not raise an objection after being directly served the original copy of the above payment order.

(2) The Defendant filed an application for seizure and collection order on December 16, 2016 with the Plaintiff as the debtor, and the financial institution as the third debtor, based on the instant payment order. The Defendant filed an application for seizure and collection order on the Plaintiff’s deposit, etc. with the Gwangju District Court 2016TTT 19229.

On December 20, 2016, the aforementioned court rendered a collection order for the seizure and collection of the claim (hereinafter “instant collection order”) and received the original copy from the Plaintiff himself/herself at the Plaintiff’s domicile on January 3, 2017.

On December 28, 2017, the Plaintiff filed an application for bankruptcy and immunity with the Gwangju District Court 2017Hadan1879, 2017Ha1897.

The Plaintiff stated the claim amounting to KRW 25,684,902 (principal KRW 16,004,661) in the list of creditors when filing the said application, but did not state the claim amount of this case.

The Gwangju District Court rendered immunity on May 17, 2018 to the plaintiff.

The decision to grant immunity became final and conclusive on June 2, 2018.

[Reasons for recognition] The debtor who was exempted from liability as to the cause of claim as to the plaintiff's assertion of exemption as to the facts without dispute between the parties, Gap's evidence Nos. 1 through 5, Eul's evidence Nos. 1 through 4, the purport of the whole pleadings, and the purport of the whole pleadings.