1. Revocation of the first instance judgment.

2. The defendant's additional branch court of the Incheon District Court for the defendant's plaintiff is Kimpo-si, 2012 tea 1947.

1. Facts of recognition;

A. On November 15, 2012, the Defendant filed an application with the Plaintiff for a payment order to pay KRW 20,000,000 per annum from January 1, 2012 to the service date of the original copy of the payment order, 5% per annum from the next day to the service date of the original copy of the payment order, 20% per annum from the next day to the date of full payment, and 47,780 won per annum for demand procedure expenses.

(Dacheon District Court Decision 2012No. 1947).B.

On November 23, 2012, the Busan District Court rendered a payment order with the same content as the defendant's application. The above payment order was served on the plaintiff's cohabitant on December 27, 2012, and was finalized on January 11, 2013.

(hereinafter “instant payment order”). C.

On September 16, 2015, the Plaintiff filed an application for bankruptcy and exemption with the court (In Incheon District Court Decision 2015Hadan4824, 2015Da4828), and the Plaintiff was granted immunity on January 4, 2017 (hereinafter “instant immunity”), and the Defendant’s claim was not stated in the list of creditors submitted to the court at the time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff paid KRW 200,000 per month to the Defendant by the year of 2011, and repaid the loan, and the Plaintiff and the Defendant agreed that the obligation has been extinguished.

The Plaintiff was unable to receive the instant payment order, and deemed to have fully repaid its obligations to the Defendant, and did not enter the Defendant in the list of creditors at the time of filing an application for bankruptcy and immunity.

Although the Plaintiff knew that there exists a debt owed to the Defendant, there is no reason not to enter such debt in the creditor list, and the Plaintiff did not neglect the above debt in the creditor list in bad faith. Thus, the effect of the decision to grant immunity of this case extends to the debt and damages for delay arising from the payment order of this case.

Therefore, the payment order of this case was issued.