1. Compulsory execution against the Defendant’s Plaintiff on February 25, 2016, based on this Court’s ruling 2015No12301.

1. Determination as to the cause of claim

A. In fact, the Defendant filed a lawsuit against the Plaintiff seeking a loan under this court’s 2015da12301.

On February 25, 2016, this Court rendered a judgment that “the Plaintiff shall pay to the Defendant 40,290,059 won and 30,087,965 won with interest rate of 14.9% per annum from July 31, 2015 to the date of full payment” (hereinafter “instant judgment”).

Around that time, the instant judgment became final and conclusive.

The Plaintiff did not enter the Defendant’s claim pursuant to the instant judgment in the list of creditors submitted to the above court while filing an application for bankruptcy and exemption under the Incheon District Court Decision 2017Hadan3581, 2017Ma3576.

On April 19, 2018, the Plaintiff received a decision to grant immunity from the Incheon District Court, and the said decision became final and conclusive on May 10, 2018.

(hereinafter “instant decision to grant immunity”). 【No dispute exists, Gap 1, 2, 3 and 9 evidence, the purport of the entire pleadings, and the purport of the entire pleadings.

B. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “The debtor shall be entitled to a bankruptcy claim regarding any property claim arising prior to the declaration of bankruptcy, and Article 566 of the same Act provides that “The debtor granted immunity shall be exempt from all obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedures: Provided, That no liability shall be exempted with respect to the following claims.” Thus, even if a bankruptcy claim is not entered in the list of creditors of the application for immunity, unless it falls under any subparagraph of Article 566 of the Debtor Rehabilitation Act (see Supreme Court Decision 2010Da3353, May 13, 2010). Therefore, barring any circumstance provided for in the proviso of Article 566 of the Debtor Rehabilitation Act, the defendant’s claim is a bankruptcy claim, and at the time the plaintiff’s bankruptcy and application for immunity is filed.