1. Compulsory execution based on the payment order in the loan case against the defendant against the plaintiff by the Incheon District Court 201j 1608.

1. Basic facts

A. The Defendant filed an application with the Incheon District Court for a payment order against the Plaintiff by asserting that “the Plaintiff did not repay 2.6 million won after having been designated and lent as the due date on February 17, 2005.” On November 23, 2011, the above court issued the payment order (hereinafter “instant payment order”) with the Incheon District Court 201 tea 16088, and the above payment order became final and conclusive around that time.

B. The Plaintiff was granted immunity on May 2, 2014 upon filing an application for bankruptcy and immunity with the Incheon District Court No. 2186, 2013Hadan2189 (hereinafter “instant immunity”). The said decision became final and conclusive on May 17, 2014, and the list of creditors prepared at the time was omitted the Defendant’s claim.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 3 (including virtual number), and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the Defendant did not borrow money from the Defendant, and that, at the time of the delivery of the instant payment order, the Plaintiff was unaware of the issuance and confirmation of the instant payment order as he did not reside at his domicile due to personal circumstances at the time of the delivery of the instant payment order, and that the Defendant did not enter the Defendant’s claim in the creditor list. Accordingly, the Plaintiff asserts that the obligation based on the instant payment order was exempted pursuant to the exemption decision

In light of the above facts, the defendant's claim in this case is a property claim arising from the cause before the plaintiff is declared bankrupt, and the decision of immunity in this case becomes final and conclusive, and thus, according to the effect of immunity, the plaintiff lost the ability and executive power of the lawsuit that has ordinary claims.

Therefore, the compulsory execution based on the payment order of this case cannot be permitted unless there are special circumstances.

B. As to the judgment on the Defendant’s assertion, the Defendant alleged that the Plaintiff could not claim the exemption since it had been omitted in the creditor list in bad faith.

Domination, Domination, debtor.