1. The Defendant’s compulsory execution against the Plaintiff on March 25, 2010, based on the payment order issued on March 25, 2010.

1. Basic facts

A. On March 25, 2010, the Defendant received a payment order from the Plaintiff to the effect that “the Plaintiff shall jointly and severally pay KRW 10,028,703 to the Defendant” (hereinafter “instant payment order”) from the Chuncheon District Court Decision 201Da640, March 25, 2010. The instant payment order became final and conclusive around April 15, 2010.

(hereinafter “instant claim”). B. Claim on the instant payment order (hereinafter “instant claim”).

The Plaintiff filed a bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with the Chuncheon District Court No. 2014Hau371, 2014 and 371, and omitted the entry of the instant claims in the list of creditors submitted at the time of the instant bankruptcy and application for immunity.

On July 18, 2014, the above court declared bankruptcy against the plaintiff. On November 27, 2014, the court decided to grant immunity, and the above decision to grant immunity became final and conclusive on December 12, 2014.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiff's assertion was omitted in the list of creditors due to lack of knowledge of the existence of the claim in this case at the time of the bankruptcy and application for immunity, and the above claim was also exempted by the decision of permission of immunity in this case. Thus, compulsory execution based on the payment order in this case should be dismissed.

3. Determination

A. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), a claim on property arising from a cause that occurred before the debtor is declared bankrupt is a bankruptcy claim. A debtor who has been exempted from liability pursuant to the main sentence of Article 566 of the same Act is exempted from all of his/her obligations to the bankruptcy creditors except dividends pursuant to the bankruptcy procedures. As acknowledged in the foregoing facts, the instant claim is a bankruptcy claim arising from a cause that occurred before the plaintiff is declared bankrupt, and the decision to grant exemption to the plaintiff on December 12, 2014.