1. The Defendant’s decision against the Plaintiff is based on the Busan District Court Decision 2014Gaso3791 Decided September 16, 2014.

1. Facts of recognition;

A. On May 26, 2006, a company Pakistan New Mutual Savings Bank (hereinafter “SP new Mutual Savings Bank”) succeeded to the loan claims against the Plaintiff (hereinafter “instant loan claims”) from the company SPS Mutual Savings Bank.

B. On September 16, 2014, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the instant loan claim with the Busan District Court Branch Branch 2014 Ghana3791, and was sentenced to the judgment on September 16, 2014 that “the Plaintiff shall pay to the Defendant 10,229,851 won and the amount equivalent to 39% per annum from November 1, 2013 to the date of full payment” (hereinafter “the judgment on the lawsuit”). The judgment on the subsequent lawsuit became final and conclusive as it is.

C. On April 14, 2014, the Plaintiff filed an application for immunity with the Daegu District Court for bankruptcy and exemption from liability under 2014Hadan1613, 2014, 1613. The Plaintiff was granted immunity on May 13, 2015. This became final and conclusive on May 28, 2015.

However, the Plaintiff did not enter the Defendant and the instant loan claims in the list of creditors.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts, loans of this case as bankruptcy claims, which were not listed in the list of creditors at the time when the plaintiff's bankruptcy and exemption was applied for.

The plaintiff's liability was exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act.

Therefore, compulsory execution based on a judgment in a prior suit must not be allowed.

B. In regard to this, the Defendant did not enter the instant loan claims in the creditors’ list in bad faith, considering that the Plaintiff’s repayment of the instant loan claims to the instant mutual savings bank until February 4, 2009 with the Plaintiff filed an application for individual rehabilitation with the Daegu District Court 2006 Daegu District Court 20827, and with the authorization of the repayment plan, and the address stated at the time of the application for bankruptcy and exemption is the same as the address of the Plaintiff stated in the judgment of the previous lawsuit.