1. The Defendant’s payment for the use of credit card by the Seoul Western District Court Decision 2008Kadan10689 Decided April 11, 2008.

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff on the claim for the use of credit card by public notice as to the above case. On April 11, 2008, this Court sentenced the Plaintiff (the Plaintiff of this case) (the Plaintiff of this case) to pay the amount of KRW 26,740,604 and the amount of KRW 11,674,982 calculated by the rate of 29.9% per annum from October 18, 2007 to the date of full payment. The above judgment became final and conclusive around that time.

(hereinafter referred to as “instant title”)

B. On January 26, 2017, the Plaintiff filed bankruptcy and application for immunity with the Seoul Central District Court, and the said court decided to grant immunity to the Plaintiff (2016, 60625, 2016Hadan60625, 2016, 20625), and the Defendant’s claim was not indicated in the list of creditors drafted in the instant case.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant’s claim based on the instant executive title constituted a bankruptcy claim under Article 423 of the Debtor Rehabilitation and Bankruptcy Act, which is a property claim arising from a cause arising prior to the declaration of bankruptcy; and as a decision to grant immunity against the Plaintiff became final and conclusive, barring any special circumstance, the Plaintiff’s liability against the Plaintiff ought to be exempted pursuant to Article 566 of the Debtor Rehabilitation Act.

Therefore, compulsory execution based on the judgment of this case cannot be permitted.

3. Judgment on the defendant's assertion

A. As to the summary of the Defendant’s assertion, the Defendant asserted that the Defendant omitted the Defendant’s claim in bad faith in the list of creditors at the time of bankruptcy immunity, on September 25, 2012, which was before the Plaintiff filed an application for credit recovery on September 25, 2012, and was aware of the Defendant’s debt based on the instant enforcement title, such as repayment

(b) judgment;