1. The Defendant’s compulsory execution against the Plaintiff based on the Seoul Western District Court Order 2015Hu32159 was enforced.

1. Basic facts

A. On February 25, 2014, the Defendant transferred the claim for loans that Nonparty C had against the Plaintiff (hereinafter “instant claim”).

B. On June 11, 2015, the Defendant received a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant 4,358,355 won and 2,142,301 won (hereinafter “the Plaintiff”) at a rate of 39% per annum from the day following the service of the payment order to the day of complete payment,” and the said payment order was served on July 19, 2015 and finalized on August 4, 2015.

C. On May 25, 2016, the Plaintiff filed for bankruptcy and exemption with the Daejeon District Court, and was declared bankrupt on August 18, 2016 (Seoul District Court Decision 2016Hadan1100), October 28, 2016 (Seoul District Court Decision 201Da1098), and the said immunity became final and conclusive on November 12, 2016.

The Plaintiff reported to the creditors 10 claims of six creditors, including D, in the list of creditors submitted at the time of the above bankruptcy and application for immunity, but did not state the Defendant’s claims.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 5 and 7, purport of the whole pleadings

2. Assertion and determination

A. A. A claim on property arising from a cause before the bankruptcy is declared against the debtor for the judgment on the cause of the plaintiff's claim, that is, a bankruptcy claim shall be exempted from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless it falls under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the decision on immunity against the bankrupt becomes final and conclusive,

According to the facts acknowledged above, the defendant's claim against the plaintiff in the payment order of this case is a property claim arising from the cause before the bankruptcy is declared, and the immunity decision against the plaintiff is confirmed, and its execution is enforced.