1. The plaintiff's claim is dismissed.

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

Facts of recognition

On July 17, 2015, the Plaintiff filed an application for bankruptcy and exemption (2015: 1375) with the Gwangju District Court (hereinafter “instant application for bankruptcy and exemption”), and received a decision of immunity on July 14, 2016, and the said decision became final and conclusive as of July 29, 2016.

The Defendant filed an application with the Gwangju District Court for a payment order against the Plaintiff on September 26, 2003, stating that “The Plaintiff did not pay the Plaintiff the principal amount of KRW 13,924,196, and the interest accrued therefrom, despite the organization’s issuance and use of credit cards.” On January 17, 2017, the said court ordered the payment order to the effect that “the Plaintiff shall pay to the Defendant the amount of KRW 61,846,362 and the amount of KRW 13,924,196, calculated at the rate of 25% per annum from January 12, 2017 to the date of full payment.” The payment order was served on the Plaintiff on June 15, 2017 (Service by Public Notice) and became final and conclusive on June 29, 2017.”

The plaintiff did not enter the defendant's claim in the list of creditors while filing the above claim, although the debt (the cause debt of the payment order) stated in Paragraph B above against the defendant was incurred prior to the bankruptcy and exemption application of this case.

[Ground of Recognition: Facts without dispute, Gap's assertion 1 to 4] The plaintiff plaintiff's claim is confirmed by the decision of immunity, and the defendant's claim existed before the decision of immunity. Meanwhile, the plaintiff was omitted in the creditor's list at the time of the plaintiff's application for bankruptcy and immunity because he did not know the defendant's claim, so the plaintiff was also exempted from the defendant's claim.

Therefore, the enforcement force of the payment order stated in the purport of the claim (the above 1-B payment order, hereinafter referred to as the "instant payment order") should be excluded.

The plaintiff was aware of the defendant's claim prior to the filing of the bankruptcy and exemption of the case, but in the list of creditors.