1. The Defendant’s payment order against the Plaintiff was the final and conclusive payment order for the Daejeon District Court No. 2014Hu23207.

1. Facts of recognition;

A. On November 27, 2009, the Defendant entered into a credit guarantee agreement between the Plaintiff and the Nonghyup Bank (hereinafter “the instant credit guarantee agreement”) and issued a credit guarantee agreement to the Nonghyup Bank, whereby the Plaintiff received a loan from the Nonghyup Bank to guarantee the payment of the principal and interest of the loan, the guaranteed amount of KRW 3.8 million and the term of guarantee until November 27, 2014.

B. When the Plaintiff did not pay the principal and interest of the loan, the Nonghyup Bank claimed the Defendant to discharge the guaranteed obligation under the credit guarantee, and the Defendant subrogated the principal and interest of the loan to the Nonghyup Bank on July 29, 2010.

C. On March 13, 2014, the Plaintiff filed an application for immunity for personal bankruptcy and application for immunity with the Daegu District Court Decision 2013Hau2673, 2013 and 2673, and was granted a immunity decision from the above court (hereinafter “instant immunity decision”). On March 28, 2014, the said immunity decision became final and conclusive.

However, while applying for immunity in this case, the Plaintiff entered only the balance of loans to Nonghyup Bank, a lending bank, in the creditor list, and did not enter the amount of subrogated payment to the Defendant in the creditor list. D.

Meanwhile, on January 5, 2015, the Defendant applied for a payment order against the Plaintiff as Daejeon District Court 2014 tea23207, and issued a payment order to the effect that “the Plaintiff shall pay to the Defendant KRW 3,842,043 and delay damages for KRW 3,842,005,” and the said payment order was served to the Plaintiff around that time.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 3, 4, 5, Eul's 1 to 4, the purport of the whole pleadings

2. Determination

A. Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that “The exempted debtor shall be exempted from all obligations to the bankruptcy creditors, except the distribution under the bankruptcy procedure.”

Therefore, the decision of immunity of this case is made.