1. The defendant's order against the plaintiff is based on the original copy of the payment order in the Daejeon District Court Decision 2008Da3981 dated April 21, 2008.

1. Facts of recognition;

A. On April 17, 2008, the Defendant filed an application with the Daejeon District Court for a payment order of KRW 10 million and its delay damages against the Plaintiff. On April 21, 2008, the above court issued the payment order upon the application for the above payment order on April 21, 2008 (hereinafter “instant payment order”).

The instant payment order was served on the Plaintiff on May 7, 2008, and became final and conclusive on May 24, 2008.

B. On November 27, 2014, the Plaintiff filed an application for bankruptcy or exemption (hereinafter “instant bankruptcy or exemption”) with the Daejeon District Court Decision 2014Ra2983 and 2014Hadan2983 (hereinafter “instant bankruptcy or exemption”) on June 30, 2015, and was granted a decision to grant immunity (hereinafter “instant decision to grant immunity”), and the said decision to grant immunity became final and conclusive on July 15, 2015.

However, the list of creditors submitted by the plaintiff was omitted from the claim based on the payment order of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings, and substantial facts in this court

2. Determination

A. According to the facts of recognition under Paragraph (1) of the judgment on the cause of claim, the Defendant’s claim based on the instant payment order against the Plaintiff constitutes a bankruptcy claim as a property claim arising from a cause arising prior to the declaration of bankruptcy, and the exemption from the Plaintiff’s liability pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), barring any special circumstance, compulsory execution based on the instant payment order shall not be permitted.

B. The defendant's defense 1) The defendant's defense was delivered with the payment order of this case prior to the bankruptcy or exemption application of this case, and it was apprehended that the existence of the claim based on the payment order of this case would be obstructed by the defendant's objection, etc., but did not enter it in the list of creditors in bad faith. Thus, the defendant's claim based on the payment order of this case constitutes non-exempt claim. 2)