1. The defendant's decision on the case is based on the case such as the Gwangju District Court's 2006 Ghana5609 loan against the plaintiff.

1. Basic facts

A. The defendant filed a lawsuit against the plaintiff et al. under this court 2006da56099. On May 18, 2007, the above court rendered a judgment that "the plaintiff jointly and severally with C et al. to pay the defendant 9,847,019 won and 22% interest per annum from November 13, 1997 to the date of full payment" (hereinafter "the judgment of this case"). The above judgment became final and conclusive on July 4, 2007.

B. The Plaintiff was granted immunity on August 27, 2010 upon filing bankruptcy and application for immunity with the Gwangju District Court 2009do6032, 2009Hadan6033 (hereinafter “instant immunity”). The said immunity became final and conclusive on September 11, 2010.

C. The Plaintiff did not enter the obligation based on the above judgment against the Defendant in the creditor list at the time of the decision on immunity of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, and 7, the purport of the whole pleadings

2. Determination

A. The debtor's property right arising from the cause before the bankruptcy is declared against the debtor, that is, the bankruptcy claim shall be exempt from the liability, unless it falls under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if the decision to grant immunity against the bankrupt becomes final and conclusive, and is not entered in the list of creditors.

According to the facts acknowledged above, the defendant's claim against the plaintiff is a property claim arising from a cause arising before the bankruptcy is declared, which constitutes a bankruptcy claim, and the immunity decision of this case against the plaintiff is exempted as the immunity decision of this case becomes final and conclusive, barring special circumstances, compulsory execution based on the judgment of this case against the plaintiff cannot be permitted

B. The judgment of the defendant on the defendant's assertion is that the plaintiff knew of the existence of the obligation by the judgment of this case and did not enter it in the list of creditors. Thus, the above claim constitutes non-exempt claim pursuant to Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act.