The defendant's compulsory execution against the plaintiff shall be based on the judgment of the Gwangju District Court 2015 Ghana521213.

1. Basic facts

A. On April 23, 2015, the Defendant filed a lawsuit against the Plaintiff for the claim for the transfer of money (hereinafter “instant lawsuit”) with the Gwangju District Court Decision 2015Da521213, Sept. 9, 2015 (hereinafter “instant lawsuit”) and was sentenced by the said court to “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 5,705,470 won and the amount calculated at the rate of 20% per annum from May 28, 2015 to the date of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive on September 25, 2015.

B. On March 3, 2017, the Plaintiff filed a bankruptcy and application for immunity with the Incheon District Court No. 2017Hadan874, 2017Da872, and was declared bankrupt on June 22, 2017, and the discontinuation of bankruptcy and exemption from immunity on September 18, 2017 (hereinafter “instant exemption from immunity”). The instant exemption from immunity became final and conclusive on October 11, 2017.

C. The list of creditors submitted by the Plaintiff at the time of applying for bankruptcy and exemption was not indicated in the Defendant’s claim against the Plaintiff based on the instant judgment (hereinafter “instant claim”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”) provides that “The debtor shall be exempted from all liability for all debts to the bankruptcy creditor except for dividends under the bankruptcy procedure,” and Article 566 of the same Act provides that “The debtor who has been exempted from liability shall be exempted from all liability for all debts to the bankruptcy creditor” shall be exempted from the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010).” According to the above findings of recognition, a bankruptcy claim is exempt from the effect of immunity unless it falls under any subparagraph of the proviso of Article 566 of the same Act (see Supreme Court Decision 2010Da3353, May 13, 2010):