1. The Defendant’s Seoul Western District Court 2016Gaso684706 claims against the Plaintiff are enforceable.

1. Basic facts

A. In order to recover the Plaintiff’s principal and interest of loan against B by subrogation, the Defendant filed a lawsuit against the Plaintiff for reimbursement amounting to KRW 2016 Ghana6,84706. On November 29, 2016, the said court rendered a decision of performance recommendation to order the Plaintiff to pay “8,382,670 won and damages for delay,” and the said decision became final and conclusive on December 16, 2016.

B. On April 26, 2017, the Plaintiff rendered bankruptcy and application for immunity to the Seoul Rehabilitation Court and rendered a ruling of bankruptcy on July 17, 2017, and immunity was granted on January 11, 2018 (2017, 2017, 2017Hadan2277, 2017, 207). The Plaintiff did not enter claims based on the executive title of the Defendant in the list of creditors at the time of filing the application for bankruptcy and immunity. [The Plaintiff did not state claims based on the executive title of the instant case in the list of creditors at the time of filing the application for bankruptcy and immunity.]

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. As to the judgment on the Defendant’s assertion, the Defendant omitted the Plaintiff’s claim based on the Defendant’s executive title, and the Defendant’s claim constitutes non-exempt claim under Article 566 subparag. 7 of the Debtor Rehabilitation Act.

Therefore, the fact that the decision of performance recommendation has become final and conclusive four months prior to the plaintiff's filing an application for bankruptcy immunity is as seen earlier.

On the other hand, however, A.