1. The Defendant’s judgment against the Plaintiff is based on the Seoul Western District Court Decision 2017 Ghana38867.

Facts of recognition

Around December 1997, the defendant is a creditor holding a provisional right of KRW 5 million issued by the plaintiff, and around 2007, applied for a payment order against the plaintiff as Seoul Western District Court 2007 tea1068, and the payment order was issued on August 17, 2007 by the above court (hereinafter "the payment order of this case"), and was served on the plaintiff on August 22, 2007, and the payment order was finalized on September 6, 2007.

In order to extend the period of extinctive prescription, the Defendant filed a lawsuit seeking payment of the check money with Seoul Western District Court 2017Gaso38867, and the lawsuit was initiated by service by public notice due to the Plaintiff’s unknown whereabouts, and the Defendant’s favorable judgment (hereinafter “instant judgment”) was rendered on January 10, 2018, and became final and conclusive around that time.

In Busan District Court Decision 2013Hadan3484, 2013Ma3484, the Plaintiff filed bankruptcy and application for immunity, which became final and conclusive on September 19, 2014 upon the grant of immunity on September 4, 2014 (hereinafter “instant immunity”). However, at the time of bankruptcy and application for immunity, the Plaintiff omitted the Defendant’s claim entry in the list of creditors (hereinafter “instant claim”).

[Based on the above facts, Gap evidence Nos. 4 through 8, Eul evidence Nos. 1 through 15, and judgment No. 1 on the grounds of the overall purport of the pleadings) claims arising before bankruptcy is declared against the debtor, namely, claims on property arising before bankruptcy becomes final and conclusive, which are claims on bankruptcy claims, even if they were not entered in the list of creditors at the time of application for immunity, unless they fall under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, they are exempted from the effect of immunity pursuant to Article 565 of the same Act, and they lose the ability and executory power of filing lawsuits that have ordinary claims due to their natural obligations. 2) According to the above facts, the defendant's claims in this case constitute bankruptcy claims arising from the property claims arising before bankruptcy is declared, and barring special circumstances, immunity against the plaintiff.