The loan case against the defendant against the plaintiff is based on the final judgment of the Daegu District Court 2014Ga 7835.

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff with the Daegu District Court Decision 2014Ga 7835, Busan District Court. On January 9, 2015, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 20% per annum from November 28, 2014 to the date of full payment,” and the said judgment became final and conclusive around that time (hereinafter “final judgment in this case”; (b) the said judgment became final and conclusive at that time (hereinafter “the claim in this case”). The Plaintiff filed an application for bankruptcy and exemption as the Daegu District Court Decision 2017Hu3527, 2017, 3527, and 3527, with respect to the Plaintiff on October 6, 2018.

However, the list of creditors of the above bankruptcy immunity decision did not state the claim in this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the claim in this case is a property claim arising from the cause before the plaintiff is declared bankrupt and constitutes a bankruptcy claim, and the decision to grant immunity to the plaintiff became final and conclusive, barring any special circumstance, it shall be exempted from liability pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”). Therefore, compulsory execution based on the judgment in this case shall not be permitted.

B. The defendant's assertion 1) The defendant asserts to the effect that the plaintiff did not enter the claim of this case in the creditor list even though he knew of the existence of the claim of this case in the above bankruptcy and exemption application case, and thus, the claim of this case constitutes a non-section claim.

2) “Claims that are not entered in the list of creditors in bad faith by a debtor” under Article 566 Subparag. 7 of the Act refers to a debtor’s awareness of the existence of a debtor’s obligation against a bankruptcy creditor before immunity is granted.