1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Northern District Court Decision 2008Gaso11833 Decided April 2, 2008.

1. Facts of recognition;

A. The defendant filed a lawsuit against the plaintiff as Seoul Northern District Court 2008Gada11833 (hereinafter "the loan claim of this case"), and the above court rendered a judgment on April 2, 2008 that "the plaintiff shall pay to the defendant 15 million won and 30% interest per annum from January 1, 2003 to the day of complete payment" and the above judgment became final and conclusive around that time.

(hereinafter “instant judgment”). (b)

Meanwhile, the Plaintiff was declared bankrupt by the Seoul Central Court Decision 201Hadan13569, June 26, 2012, and the Seoul Central Court Decision 201Da13569 decided July 18, 2012. The decision to grant immunity was finalized on July 18, 2012.

(hereinafter “instant immunity”). However, the Plaintiff did not enter the Defendant in the list of creditors at the time immunity is granted.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4, 5, 6, 7, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the loan claim in this case is a bankruptcy claim arising from a cause arising before bankruptcy is declared, and the effect of the decision on immunity in this case is also limited to the loan claim in this case, barring any special circumstances. Thus, since the plaintiff was granted the decision on immunity in this case and exempted from liability pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), compulsory execution based on the judgment in this case cannot be permitted

3. Judgment on the defendant's assertion

A. On this issue, the defendant asserts that the decision of this case does not have the effect of immunity of this case since the plaintiff omitted the loan claim of this case in bad faith at the time of immunity of this case.

B. "Claims that are not entered in the list of creditors in bad faith by the debtor" under Article 566 subparagraph 7 of the Debtor Rehabilitation Act means the debtor's awareness of the existence of obligations against the bankruptcy creditor before immunity is granted.