1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant filed an application against the Plaintiff for a payment order seeking the payment of the acquisition money (hereinafter “the claim of this case”). On July 4, 2016, the above court issued the payment order (hereinafter “the instant payment order”) to the effect that “the Plaintiff would pay KRW 7,167,130 and delay damages to the Defendant,” and the above payment order was finalized on July 24, 2016.

B. On the other hand, on September 9, 2016, the Plaintiff filed a bankruptcy and an application for immunity with Seoul Rehabilitation Court Decision 2016Hadan60708, 2016Ma60708, and filed a bankruptcy and an application for immunity. On November 11, 2016, the Plaintiff was declared bankrupt and the immunity was granted on June 5, 2017, and the above immunity became final and conclusive on the 21st of the same month.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 3, and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings]

2. The party's assertion and judgment

A. 1) The party’s assertion 1) The decision to grant immunity to the plaintiff’s assertion became final and conclusive, and thus, it is not possible to grant compulsory execution based on the claim of this case. 2) Since the defendant’s assertion in the case of bankruptcy and application for immunity, the plaintiff did not enter the claim of this case in the list of creditors in bad faith with knowledge of the existence of the claim of this case, the claim of this case constitutes non-exempt claims.

B. (1) Determination 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”)

Article 566 provides that "The obligor who has been exempted shall be exempted from all obligations to the bankruptcy creditors, except for dividends pursuant to the bankruptcy procedures: Provided, That no liability for the following claims shall be exempted: Provided, That this shall not apply to the claims falling under any of the following subparagraphs, and thereafter the obligor has secured non-exempt claims for which the responsibility for each of the following subparagraphs is not exempted, and subparagraph 7 among them shall not be entered in the list of