1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff filed an application against the Defendant for a payment order with the Jeonju District Court Kim Jong-si, 2002Ka1508, and on December 10, 2002, the above court issued a payment order (hereinafter “instant payment order”) stating that “the Defendant shall pay to the Plaintiff KRW 1,860,000 and the amount equivalent to 25% per annum from December 13, 2002 to the date of full payment” (hereinafter “instant payment order”) and the above payment order was finalized on December 27, 2002.

B. After that, on November 20, 2008, the Defendant filed a petition for immunity with this court from 2008Hadan3757 and 2008 Ma3759, the Defendant was declared bankrupt by the above court on October 16, 2009, and the decision of immunity on February 12, 2010 (hereinafter “the decision of immunity”). The above decision of immunity became final and conclusive on February 27, 2010, and the list of creditors submitted at the time of the above application of immunity did not indicate the Plaintiff’s claim under the payment order of this case (hereinafter “the purchase price claim”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 5-2, 3, 6, and 7, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. As to the Plaintiff’s assertion that the instant lawsuit was filed by the parties for the extension of extinctive prescription of the claim for the purchase price of this case, the Defendant asserts that the Defendant is exempt from the Defendant’s liability for the said claim, and thus cannot comply with the Plaintiff’s claim.

B. The right to claim property arising prior to the declaration of bankruptcy against the debtor declared bankrupt and the decision of immunity becomes final and conclusive, barring special circumstances, such as the omission of claims in bad faith and the omission of claims in the list of creditors at the time of the application for immunity, the effect of immunity is to exempt the liability and lose the ability and executive capacity of the claim ordinarily entitled to the natural obligation.

In this case.