1. The defendant's decision to recommend the defendant's plaintiff 2010 Seoul Eastern District Court's 2010 Ghana 587368 and the Seoul Eastern District Court.

1. Basic facts

A. The Defendant: (a) received the Plaintiff’s loan claim against D Bank via E Company, etc.; and (b) filed a claim against D Bank under Seoul Eastern District Court 2010 Ghana 587368; and (c) on May 26, 2010, the said court decided that “the Plaintiff shall pay to the Defendant the amount of KRW 11,742,228 and KRW 3,895,298 per annum with interest of 18% per annum from April 17, 2010 to the date of full payment; and (d) the said decision became final and conclusive on June 15, 2010.

B. The Plaintiff filed an application for bankruptcy and exemption under the lower part of the Seoul Central District Court 2013 at the end of 5194, 2013, and 5194, and the said court rendered a decision to grant immunity on October 17, 2013. The said decision became final and conclusive around that time. The Plaintiff’s list of creditors submitted by the Plaintiff during the bankruptcy and exemption procedure was not indicated in the Defendant’s claim to be taken over.

(c)

On the other hand, the defendant filed a claim against the transferee under Seoul Eastern District Court 2020Ga Office 381989 for the interruption of prescription of the decision to recommend the performance of paragraph (a). The above court decided to recommend the performance of the same content as Paragraph (a). The decision was finalized on September 24, 2020.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Gap evidence Nos. 6 and 7, the purport of the whole pleadings

2. Determination

A. Claim on the property that occurred prior to the declaration of bankruptcy against the debtor, that is, the bankruptcy claim is not recorded in the list of creditors at the time when the decision to grant immunity becomes final and conclusive.

Even if it does not fall under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the effect of immunity pursuant to Article 565 of the same Act shall be exempted from the liability and the ability and executory power of filing a lawsuit which has ordinary claims by becoming natural obligations shall be lost.

B. The Defendant’s claim, which was the basis of the Defendant’s decision to recommend each of the above performance, constitutes a bankruptcy claim as a claim on the property arising before the declaration of bankruptcy, and the decision to grant immunity has become final and conclusive in the bankruptcy and exemption procedure against the Plaintiff.