1. Compulsory enforcement based on the payment order in the case of loans, etc. to the Defendant against the Plaintiff at this court 2017th 1062.

1. Basic facts

A. On December 22, 2017, the Defendant applied for a payment order against the Plaintiff and Nonparty D seeking the payment of loans, etc. at the court level 2017 tea 1062, and received the instant payment order from the court on December 22, 2017. The said payment order was finalized on January 30, 2018.

The claim for the payment order of this case was obtained by the defendant against the plaintiff and the above D, and was filed by the court 2007Ga Office 11390, which had been brought by the defendant against the plaintiff and the above D, for the interruption of extinction of prescription.

B. The Plaintiff filed an application for adjudication of bankruptcy and discharge (hereinafter “application for bankruptcy and discharge”) with the Changwon District Court in 2011 at the bottom 716, 2011, the Plaintiff filed an application for adjudication of bankruptcy and discharge (hereinafter “application for exemption”) with the said court on February 4, 2013, and did not state the Defendant’s claim against the Plaintiff on the list of creditors at the time.

[Grounds for Recognition] Unsatisfy, Gap's statements 1 (including branch numbers) and 4.2. Claims and judgments

A. The plaintiff asserted by the parties concerned is exempted from the claim of this case as the bankruptcy and immunity decision of this case.

The defendant asserts that the plaintiff did not enter the claim in the list of creditors with knowledge of the existence of the claim at the time when the plaintiff applied for bankruptcy and exemption from liability.

B. Determination 1) Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “a claim which is not entered in the list of creditors in bad faith” refers to a case where a debtor, despite being aware of the existence of an obligation against the obligee before immunity is granted, is not entered in the list of creditors despite being aware of the existence of an obligation against the obligee. Therefore, if the debtor was unaware of the existence of an obligation, even if he was negligent in not knowing the existence thereof, it does not constitute a non-

Whether the obligor's bad faith with respect to the preparation of the list of creditors is attributable to the obligor, taking full account of the intent of the provision of Article 566 (7) of the above Act.