The defendant's decision is based on the case of Seoul Central District Court 2013 Ghana426348.

1. Basic facts

A. The Defendant (i.e., the former trade name: C Co., Ltd.; hereinafter “Defendant”) filed a lawsuit against the Plaintiff seeking reimbursement of allowances, etc. (i.e., the Seoul Central District Court Decision 2013Da426348) (hereinafter “instant lawsuit”).

On August 21, 2013, the instant case was rendered by public notice because the duplicate of the complaint was not served on the Plaintiff. On August 21, 2013, the said court rendered a judgment in favor of the Defendant that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 20% per annum from July 24, 2013 to the day of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive on September 17, 2013.

B. On March 12, 2018, the Plaintiff filed a bankruptcy and application for immunity (hereinafter “instant bankruptcy and application for immunity”) with the Seoul Rehabilitation Court No. 2018Hadan945, 2018Ka945 (hereinafter “instant bankruptcy and application for immunity”), and upon receipt of the decision to grant immunity on June 14, 2019, the aforementioned decision to grant immunity became final and conclusive on July 2, 2019.

(C) the decision to grant immunity that became final and conclusive as above is “the decision to grant immunity in this case” (hereinafter “the decision to grant immunity”).

However, the list of creditors submitted by the Plaintiff at the time of the bankruptcy and application for immunity of the instant case did not contain the Defendant’s claims based on the instant judgment.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. According to the above facts of recognition as to the cause of claim, a claim based on the judgment of this case is a property claim arising from a cause arising prior to the declaration of bankruptcy, which constitutes a bankruptcy claim, and as the decision of immunity of this case becomes final and conclusive, the effect of immunity of this case loses the power and executive capacity of a lawsuit that has ordinary claims according to the effect of immunity, barring any special circumstance, compulsory execution based on the judgment

3. Judgment on the defendant's defense

A. The gist of the Defendant’s defense lies in the existence of claims based on the instant judgment at the time when the Plaintiff filed the instant bankruptcy and application for immunity.