The Seoul Central District Court 201 tea6249 against the plaintiff was enforced on the payment order of the defendant.

1. Facts of recognition;

A. C Co., Ltd. filed an application with the Seoul Central District Court for a payment order claiming the payment of the acquisition amount against the Plaintiff (Seoul Central District Court 201 tea6249), and the said payment order became final and conclusive thereafter.

B. The Plaintiff was granted immunity on July 19, 2013 by filing bankruptcy and application for immunity with the Seoul Central District Court No. 2012, 74, 2012Hadan74, and the said immunity became final and conclusive.

C. In the list of creditors submitted by the Plaintiff at the time of filing an application for bankruptcy and exemption from liability, the obligation to acquire the money based on the above payment order (hereinafter “this case’s claim”) is not indicated.

C Co., Ltd transferred the instant claim to D Co., Ltd., and D Co., Ltd transferred the instant claim to the Plaintiff on August 8, 2019.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 4, purport of the whole pleadings

2. The instant claim is a property claim arising from a cause arising prior to the declaration of bankruptcy, and constitutes a bankruptcy claim under Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), and the decision to grant immunity to the Plaintiff became final and conclusive, barring any special circumstance, the Plaintiff’s liability is exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation Act.

Therefore, compulsory execution based on the judgment of this case cannot be permitted.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion was known to the existence of the instant claim, but did not enter it in the list of creditors intentionally or by negligence. Therefore, this constitutes a non-exempt claim under Article 566 subparag. 7 of the Debtor Rehabilitation Act, and its responsibility is not exempted.

B. "Claims that are not entered in the list of creditors in bad faith by an obligor" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act means that the obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted, but is not entered in the list of creditors.