1. The Defendant’s decision on performance recommendation for a loan case against the Plaintiff was made on June 5, 2015 by this Court.

Facts of recognition

A. C Co., Ltd. filed a lawsuit seeking the payment of loans jointly and severally against the Plaintiff and D as 2005 Ghana5384, and this court rendered a judgment accepting the above claim on July 15, 2005, and the said judgment became final and conclusive August 13, 2005.

B. Around March 28, 2011, the Plaintiff filed an application for bankruptcy and immunity with the Cheongju District Court Decision 2011Hadan419, 201Ma419, 201Ma419, and received a declaration of bankruptcy and a decision to grant immunity from the above court on February 20, 2012, and the said decision to grant immunity became final and conclusive on April 16, 2012.

The list of creditors submitted by the Plaintiff while applying for bankruptcy and immunity was not recorded in the list of creditors according to the above final judgment.

C. C Co., Ltd. filed a lawsuit against the Plaintiff and D for the interruption of the statute of limitations for the said final judgment as to the claim for loans under this Court No. 2015 Ghana1206, and the decision on performance recommendation was finalized on July 9, 2015 in the said case.

On August 17, 2015, the Defendant succeeded to the claims pursuant to the above decision of performance recommendation made by C Co., Ltd., and was granted by this Court for succession execution clause, and a certified copy of the above succession execution clause was served on the Plaintiff on August 20, 2015.

E. On July 24, 2019, the Defendant, based on the above succession execution clause, received a collection order for the Plaintiff’s deposit claim against the Cheongju District Court (2019TTT1692) as to the deposit claim against the Plaintiff E, etc.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 2, and 3 (including the whole number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Any property claim arising from a cause before the debtor is declared bankrupt, that is, a bankruptcy claim, even if a decision to grant immunity on the bankrupt becomes final and conclusive, is not entered in the list of creditors at the time of the application for immunity, unless it falls under the case of the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the debtor is exempted from its liability in accordance with Article 565 of the same Act.