1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 30, 2001, the Peace Bank filed a lawsuit against the Plaintiff seeking the payment of loans, etc., and sentenced to a judgment on January 30, 2001, “the Plaintiff shall pay 23% per annum from November 17, 2000 to December 20, 200; 25% per annum from the next day to the date of full payment; 2,054,497 won to the date of full payment; 28% per annum from November 17, 200 to December 20, 200; and 25% per annum from the next day to December 20, 200 to the date of full payment” (Seoul Southern District Court Decision 200Da5892, May 8, 200; 201). The judgment became final and conclusive on February 21, 201.

B. The defendant finally transferred the above claim against the plaintiff of the Peace Bank Co., Ltd. on September 30, 2004.

C. On December 26, 2012, the Plaintiff filed an application for bankruptcy and exemption with the Daejeon District Court for adjudication of bankruptcy and discontinuation of bankruptcy (No. 2012Haak2842). On January 23, 2013, the Plaintiff was granted immunity on February 4, 2014 (No. 2012Haak2843; hereinafter “instant immunity exemption”). The said immunity exemption became final and conclusive on February 19, 2014.

However, in the above bankruptcy and exemption case, the plaintiff did not enter the obligation to acquire the debt against the defendant in the list of creditors.

On July 31, 2014, the Defendant filed an application with the Plaintiff for a payment order claiming the payment of the above amount. After being transferred to the lawsuit, the pleadings were concluded on January 22, 2015. On the same day, “the Plaintiff shall pay to the Defendant 45,689,776 won and the amount of KRW 10,676,065 calculated at the rate of 20% per annum from July 17, 2014 to the date of full payment” (Seoul Central District Court 2014Da78730, hereinafter “instant judgment”), and the said judgment was finalized on February 24, 2015.

[Ground] Evidence Nos. 1 through 4, evidence No. 1 to 10, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the decision of immunity in the instant case was granted, and at the time, the obligation to take over the Defendant to the creditor list.