1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

On June 10, 2008, Plaintiff’s wife B borrowed KRW 267,00,000 from Aju Capital Co., Ltd. (hereinafter “Aju Capital”).

The plaintiff jointly and severally guaranteed the debt of the above loan against the Ig Capital of B.

B In arrears with the principal and interest of the principal and interest of the Plaintiff and B, the Suwon District Court 2010 tea4398, and on August 3, 2010, the Plaintiff and B filed an application for a payment order with the Plaintiff and B, and on August 3, 2010, the payment order was issued that “the Plaintiff and B jointly paid the amount of KRW 267,00,000 and the amount calculated at the rate of 19% per annum from June 21, 2010 to the date of full payment.” The said payment order was finalized on August 26, 2010.

(hereinafter “instant payment order.” On September 22, 2011, the Plaintiff filed a bankruptcy and application for immunity with Suwon District Court Decision 201Hadan7805 and 201Ha7808, Sept. 22, 2011. The said court rendered a decision to grant immunity (hereinafter “instant decision to grant immunity”) on March 12, 201, and the said decision to grant immunity became final and conclusive on March 27, 2013.

However, in the above bankruptcy and immunity case, the payment order claim of the Aap Capital was omitted in the list of creditors submitted by the plaintiff.

On November 27, 2013, Aju Capital transferred the instant payment order claim to the Defendant, and notified the Plaintiff and B of the assignment of claims on December 5, 2013, and the said notification reached the Plaintiff around that time.

On January 17, 2014, the Defendant received an execution clause succeeded to the instant payment order.

[Ground of appeal] According to the above facts, Gap's evidence Nos. 1 through 3, Eul's evidence Nos. 1, 2, 4, and 5 (including a serial number, if any; hereinafter the same shall apply), and the court below's determination as to the ground for appeal as a whole, the claim for payment order of this case constitutes a bankruptcy claim arising before bankruptcy is declared under Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter the "Bankruptcy Act").