1. The payment order for the Defendant’s payment of management expenses, etc. against the Plaintiff at the Seoul Central District Court on January 6, 2012.

1. Determination as to the cause of claim

A. The facts of recognition (the fact that there is no dispute, Gap 1 and 2's statement, the purport of the whole pleadings) 1) The defendant filed an application with the plaintiff for a payment order of management expenses, etc. with the Seoul Central District Court 201j104696, which claimed against the plaintiff for a total of 17,725,950 won of management expenses, etc. and damages for delay of 13,84,570 won among them, and the payment order became final and conclusive around that time because the plaintiff did not raise an objection despite being served with the certified copy of the above payment order on January 16, 2012.

3) At the time of applying for bankruptcy and exemption, the Plaintiff failed to enter claims based on the above payment order against the Defendant against the Plaintiff in the list of creditors. (B) Determination 1) Even if a decision to grant immunity against the bankrupt becomes final and conclusive, a bankruptcy claim is not entered in the list of creditors at the time of filing the application for immunity, unless it falls under the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, the Plaintiff is exempted from the effect of immunity pursuant to Article 565 of the same Act, and loses the ability and executive power of filing the lawsuit, which would normally become a natural obligation, against the Plaintiff.

According to the above facts, the defendant's claim such as management expenses, etc. against the plaintiff, which was the basis of the payment order of this case, is a property claim arising from a cause arising before bankruptcy is declared, and the decision of immunity against the plaintiff is confirmed and loses its executory power, barring any special circumstance, compulsory execution against the plaintiff of this case's payment order of this case cannot be permitted.

2. As to this, if the plaintiff did not withhold the defendant's management expenses, etc. at the time of applying for bankruptcy and exemption procedures, the defendant will also be the defendant.