1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 25, 2009, Han Bank Co., Ltd. transferred credit card substitute bonds with the Plaintiff (hereinafter “instant bonds”) to a limited liability company. The instant bonds were transferred in sequential order and finally transferred to the Future Savings Bank.

B. On April 30, 2013, the Future Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court Decision 2013Hahap54, and the Defendant was appointed as the trustee in bankruptcy of the Future Savings Bank.

C. On August 12, 2014, the Defendant filed an application for the payment order with the Seoul Central District Court (Seoul Central District Court 2014Da187281). On August 20, 2014, the said court issued the payment order with the Plaintiff to pay damages for delay of KRW 2,663,875 and KRW 1,701,81,814 to the Defendant (hereinafter “instant payment order”). The instant payment order became final and conclusive as it is.

[Reasons for Recognition] The entry of Eul No. 2, the results of the submission of financial transaction information to the Director of Han Bank Business Support Center of Han Bank Co., Ltd.; the purport of the entire pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that the Plaintiff filed an application for commencement of individual rehabilitation procedures and repaid part of the instant claim in the individual rehabilitation procedure, and the Defendant filed an application for the instant payment order after five years from the expiration of the extinctive prescription period of commercial claims after the Plaintiff partially repaid its obligations, and thus, sought non-permission of compulsory execution under the instant payment order.

B. In the event that individual rehabilitation claims confirmed under Article 63(3) of the former Debtor Rehabilitation Act (repealed by Article 2 of the Addenda to the Debtor Rehabilitation and Bankruptcy Act, enacted by Act No. 7428, Mar. 31, 2005; hereafter the same shall apply) are entered in the table of individual rehabilitation creditors, the entry of such individual rehabilitation claims in the table of individual rehabilitation creditors shall have the same effect as a final and conclusive judgment for all of the individual rehabilitation creditors, and Article 80(2) of the former Individual Debtor Rehabilitation Act shall be governed by paragraph (1) of the same Article.