1. The Defendant’s compulsory execution against the Plaintiff on February 2, 2010 by the Seoul Eastern District Court Decision 2009Da108202 Decided February 2, 201.

1. Basic facts

A. On February 2, 2010, the Defendant filed a lawsuit claiming a loan against the Plaintiff (Seoul Eastern District Court 2009 Ghana108202, and was sentenced to the judgment that “the Defendant paid the Plaintiff KRW 18,000,000 and the amount calculated at the rate of 20% per annum from January 31, 2010 to the date of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive on February 23, 2010.

B. The Plaintiff filed a immunity and a petition for bankruptcy with the Seoul Central District Court 2010da8736, 2010Hadan8736, Apr. 29, 201, upon receipt of a immunity decision from the above court (hereinafter “instant immunity decision”), and around that time the immunity decision became final and conclusive, and the Defendant is not included in the creditors’ list.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, significant facts in this court, purport of the whole pleadings]

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, as long as the plaintiff was granted immunity as a bankrupt, the plaintiff was exempted from the defendant's liability for the claim based on the judgment of this case unless there are special circumstances.

In addition, since the above claims lose the power and executory power of filing an action which has ordinary claims, the defendant's compulsory execution based on the judgment of this case shall be dismissed.

B. On the judgment of the defendant's assertion, the defendant asserts that the judgment amount claim of this case constitutes non-exempt claim under Article 566 (7) of the Debtor Rehabilitation and Bankruptcy Act (the debtor's claim not entered in the list of creditors in bad faith).

Therefore, the term “claim which is not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act refers to a case where a debtor knows the existence of a claim before immunity is granted and fails to enter it in the list of creditors. Therefore, the debtor has a debt.