1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Southern District Court Decision 2014 Ghana1257 Decided March 11, 2015.

1. Facts of recognition;

A. On September 11, 2014, the Defendant filed a claim against the Plaintiff for the payment of goods (Seoul Southern District Court 2014Gau121257), and on March 11, 2015, the court rendered a judgment that “the Plaintiff declared to the Defendant that the Plaintiff would pay KRW 1,008,800 and its delay damages to the Defendant,” and that judgment became final and conclusive on April 4, 2015.

(hereinafter referred to as “the above judgment”) of this case. B.

On the other hand, on May 18, 2015, the Plaintiff filed an application for bankruptcy and exemption (Seoul Rehabilitation Court 2015Hadan4495, 2015 Da44955), and the court rendered a decision to grant immunity to the Plaintiff on May 16, 2016, and the said decision to grant immunity became final and conclusive around that time, and the claim of this case in the bankruptcy and exemption procedure was not entered in the list of creditors.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 and 4, the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), a debtor, upon receipt of a decision on bankruptcy and exemption from immunity, is exempted from all of his/her obligations to a bankruptcy creditor except dividends arising from bankruptcy proceedings. Therefore, any bankruptcy claim not entered in the creditors’ list of application filed for immunity is subject to exemption from immunity.

Therefore, barring special circumstances, the defendant's claim according to the judgment of this case constitutes the subject of exemption, and it is reasonable to deny compulsory execution based on the judgment of this case.

B. The Defendant asserts to the effect that the Plaintiff’s liability is not exempted pursuant to the proviso of Article 566(7) of the Debtor Rehabilitation Act, since the Plaintiff was aware of the existence of the instant judgment obligation prior to the decision to grant immunity and did not enter the relevant claim in the creditor list.

"Claims by an obligor not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act means obligations owed to a bankruptcy creditor before immunity is granted.