1. The defendant's original of the payment order with executory power in the Daejeon District Court 2015 tea8075 against the plaintiffs is based on the original of the payment order.

1. Basic facts

A. On November 24, 2015, the Defendant filed an application against the Plaintiffs for a payment order claiming a loan of KRW 10,000,000 and damages for delay against the Daejeon District Court Decision 2015 tea8075, and the Plaintiffs failed to raise an objection against each of the original copies of the payment order on January 21, 2016, and the payment order became final and conclusive on February 5, 2016.

B. Plaintiff A filed an application for bankruptcy and immunity with the Daejeon District Court Decision 2014Hadan2403 (2014Hau2405), and was declared bankrupt on September 30, 2014, and was granted a decision to grant immunity on November 28, 2014, and the decision to grant immunity became final and conclusive on December 13, 2014.

C. Plaintiff B filed an application for bankruptcy and exemption from liability with the Daejeon District Court Decision 2014Hadan14555 (2014Hau1457), and was declared bankrupt on October 31, 2014, and was granted a decision to grant immunity on December 31, 2014, and the decision to grant immunity became final and conclusive on January 15, 2015.

C. At the time of filing for bankruptcy and exemption, the Plaintiffs did not enter each claim based on the above payment order against the Plaintiffs in the list of creditors.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 6-1 through 4, Gap evidence 7-1 through 4, the purport of the whole pleadings

2. Determination:

A. The right to claim property arising from a cause before the declaration of bankruptcy against the relevant statutory debtor, i.e., a bankruptcy claim, even if the immunity decision on the bankrupt becomes final and conclusive and 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, the effect of immunity pursuant to Article 565 of the same Act, and the right to file a lawsuit, which is ordinarily entitled to a claim by nature,

B. According to the above facts of recognition, the Defendant’s loan claims against the Plaintiffs, which were the basis of the instant payment order, constitute a bankruptcy claim as a property claim arising from a cause arising before bankruptcy is declared, and each decision to grant immunity against the Plaintiffs becomes final and conclusive.