1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant applied for a payment order against the Plaintiff for payment of promissory notes as Busan District Court 2007 tea27750 and received payment order on October 29, 2007. The above payment order was finalized on November 20, 207.

B. On December 12, 2011, the Plaintiff was declared bankrupt by the Jung-gu District Court No. 201Han 461, and on August 30, 2012, the Plaintiff was decided to grant immunity as the Jung-gu District Court No. 2011, 461. The decision to grant the exemption became final and conclusive on September 14, 2012.

The defendant's claim against promissory notes was not stated in the list of creditors.

C. The Defendant filed an application with the Busan District Court for a payment order against the Plaintiff for the interruption of the extinctive prescription period of the promissory note deposit claim, and the service on the Plaintiff was made by means of service, after being referred to litigation procedures (so called Busan District Court 2017Da32820) against the Plaintiff due to impossibility to serve the Plaintiff.

After that, the argument was concluded on December 19, 2017, and the defendant was given a partial favorable judgment on January 9, 2018, and the above judgment was finalized on February 3, 2018.

[Reasons for Recognition: Facts without dispute, Gap 1, 2, and 4, the purport of the whole pleadings]

2. The Defendant’s claim against promissory notes is a bankruptcy claim under the Debtor Rehabilitation and Bankruptcy Act.

However, the plaintiff's omission of the defendant's claim in the list of creditors is not caused by bad faith. Thus, the plaintiff is exempt from liability for the debt of promissory notes against the defendant according to the decision of exemption.

Therefore, the compulsory execution according to the Busan District Court 2017da32820 decision should not be permitted.

3. Where a debtor files a lawsuit for raising an objection against a claim established by a judgment, the grounds for such objection shall be that accrue after the pleadings have been concluded;

(Article 44(2) of the Civil Execution Act. However, even if the plaintiff's assertion is based, the decision of exemption, which is the reason for the objection, does not arise after the pleadings of the Busan District Court 2017Kadan32820 case, are concluded.