1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 14, 2010, the Defendant issued a payment order against the Plaintiff (this case’s payment order) stating that “The Plaintiff shall pay to the Defendant 12,028,015 won and 11,640,146 won, calculated at the rate of 29.9% per annum from September 8, 2010 to the date of full payment” (this case’s payment order).

The instant payment order was served on the Plaintiff on September 17, 2010, and became final and conclusive on October 2 of the same year.

B. On February 11, 2020, the Defendant received a seizure and collection order as to the Plaintiff’s deposit claim against D Co., Ltd. as the executive title of the instant payment order.

C. On the other hand, on January 4, 2013, the Plaintiff filed an application for individual bankruptcy and exemption from liability with the Jung Government District Court 2013Hadan58, and 2013Ma58, the Plaintiff filed an application for the exemption from liability. On January 29, 2014, the Plaintiff received a decision of exemption from liability with the same court (hereinafter “decision of exemption from liability”).

The instant exemption decision was finalized on February 13, 2014. D.

The list of creditors submitted by the Plaintiff in the bankruptcy and immunity procedures is not indicated in the payment order of this case.

[Ground of Recognition] A without dispute, Gap evidence 1 (Decision), Gap evidence 2 (Final Certificate), Gap evidence 4 (Payment Order), Gap evidence 5 (Decision)

2. Determination

A. The plaintiff asserts that since the plaintiff was exempted from the claims under the payment order of this case by the decision of exemption of this case, compulsory execution based on the above payment order of the defendant should be rejected.

B. Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that the effect of immunity in bankruptcy proceedings shall not extend to “a claim not entered in the list of creditors in bad faith by an obligor.”

Here, the term "claim that is not entered in the list of creditors in bad faith" refers to the obligor's exemption decision.