1. The Defendant’s payment order against the Plaintiff was based on the Seoul Central District Court Decision 2016 tea38757.

1. Facts of recognition;

A. The Defendant filed an application with the Seoul Central District Court for a payment order against the Plaintiff (Seoul Central District Court 2016 tea38757), and the said payment order was finalized on December 15, 2016.

B. The Plaintiff was granted immunity on January 9, 2019 by filing bankruptcy and immunity application with the Incheon District Court No. 2018, 100693, 2018Hadan100693, and the said immunity was finalized on January 25, 2019.

C. In the list of creditors submitted by the Plaintiff at the time of filing an application for bankruptcy and exemption, the Defendant’s claim for the acquisition of the transferred money against the Plaintiff based on the payment order (hereinafter “this case’s claim”) was not indicated.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The instant claim is a property claim arising from a cause arising prior to the declaration of bankruptcy, and constitutes a bankruptcy claim under Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), and the decision to grant immunity to the Plaintiff became final and conclusive, barring any special circumstance, the Plaintiff’s liability is exempted pursuant to the main sentence of Article 566 of the Debtor Rehabilitation Act.

Therefore, compulsory execution based on the judgment of this case cannot be permitted.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion was known to the existence of the instant claim, but did not enter it in the list of creditors intentionally or by negligence. Therefore, this constitutes a non-exempt claim under Article 566 subparag. 7 of the Debtor Rehabilitation Act, and its responsibility is not exempted.

B. Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not recorded in the list of creditors in bad faith by an obligor" refers to a case where an obligor is aware of the existence of an obligation against a bankruptcy creditor before immunity is granted and fails to enter it in the list of creditors. Therefore, when the obligor was unaware of the existence of an obligation, he/she is aware