The judgment of the first instance shall be revoked.

The defendant's Cheongju District Court case 2017j186 loans against the plaintiff.

1. Facts of recognition;

A. On December 19, 2016, the Defendant filed a payment order against the Plaintiff with the Cheongju District Court Decision No. 2017Guj186, May 2, 2017, the Defendant received a payment order stating that “the Plaintiff shall jointly and severally with D pay to the Defendant KRW 30 million and the damages for delay calculated at the rate of 15% per annum from the day after the original copy of the payment order was served to the day of complete payment,” and the above payment order was finalized on June 8, 2017.

B. On November 28, 2018, the Plaintiff filed an application for bankruptcy and exemption with the Incheon District Court Decision 2018Hadan3848, 2018Ma3824, and received a decision of bankruptcy on March 12, 2019, and a decision of immunity on January 28, 2020, and the said decision of immunity became final and conclusive on February 12, 2020.

The list of creditors submitted by the plaintiff in the above bankruptcy procedure stated the defendant's loan claims based on the payment order of this case against the plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 11, 12, and 13 (including branch numbers), the purport of the whole pleadings

2. According to the above findings of determination, barring any special circumstance upon the determination of the above decision to grant immunity, the Plaintiff is exempted from its liability for the obligations under the payment order of this case pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, barring special circumstances. Therefore, compulsory execution based on the payment order of this case shall not be permitted

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair, so the plaintiff's appeal shall be accepted and the judgment of the court of first instance shall be revoked and the plaintiff's claim shall be accepted. It is so decided as per Disposition by the application of Article 99 of the Civil Procedure Act