1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 1, 2007, the Defendant filed a lawsuit against the Plaintiff, and sentenced the Defendant to a service by public notice stating that “the Plaintiff shall pay the Plaintiff KRW 8,941,010 and the amount calculated by applying the rate of 17% per annum from October 25, 2003 to April 28, 2007, and 20% per annum from the next day to the date of full payment.” The judgment became final and conclusive around that time.

(Seoul Western District Court 2007da50097, hereinafter referred to as the "this case acceptance claim"). (b)

On February 7, 2017, the Defendant applied for a payment order against the Plaintiff to discontinue the extinctive prescription of the instant claim for the transfer money, and received payment order on February 21, 2017, and around that time, the payment order became final and conclusive as it is.

(Seoul Western District Court 2017 tea8651, hereinafter referred to as the "instant payment order"). (c)

On the other hand, on July 19, 2019, the Plaintiff filed an application for immunity and bankruptcy, and was declared bankrupt on September 9, 2019. On December 13, 2019, the decision of immunity became final and conclusive around that time upon receiving a decision of immunity from the court.

(Seoul Rehabilitation Court 2019Do2725, 2019Hadan2725, hereinafter “instant immunity”). However, the list of creditors submitted by the Plaintiff in the bankruptcy and immunity procedure is as follows, and the instant exemption claim is not indicated.

C [Ground of Recognition] Facts without dispute, significant facts in this Court, Gap evidence 1 to 4, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings.

2. Determination

A. Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the cause of the claim shall be determined as follows. The debtor who has the effect of immunity shall be exempted from all obligations to the bankruptcy creditor, except the distribution by bankruptcy proceedings.

However, the following claims shall not be exempted from liability:

7. The debtor.