1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On July 5, 2013, the Defendant received an order for payment stating that “The Plaintiff shall pay to the Defendant the amount of KRW 4,452,923 and KRW 1,094,524 from June 23, 2013 to the service date of the instant payment order, 19.5% per annum, and 20% per annum from the next day to the day of full payment,” and the said payment order was served to the Plaintiff on August 28, 2013 and finalized on September 12, 2013.

B. On December 29, 2015, after the payment order became final and conclusive, the Plaintiff was granted immunity by Seoul Central District Court 2015,6578, and the above immunity became final and conclusive on January 14, 2016. However, in the above immunity case, the list of creditors submitted by the Plaintiff was not indicated in the Defendant’s claim against the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 5, Eul evidence 1 and the purport of the whole pleadings

2. Determination

A. According to the reasoning of the judgment on the cause of the claim, the plaintiff was granted immunity after the above payment order became final and conclusive, and barring any special circumstance, it shall be deemed that the obligation based on the above payment order was also discharged, barring any special circumstance. Thus, the defendant cannot perform compulsory execution based on the above payment order.

B. The defendant's defense 1) The defendant argues that since the plaintiff did not enter claims based on the above payment order in the list of creditors in bad faith in the above payment order in the above payment order case, the defendant's assertion that a compulsory execution can be made because the defendant's claims based on the above payment order constitute non-exempt claims. 2) The "claim that is not entered in the list of creditors in bad faith" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act refers to the case where the debtor knew the existence of claims against the bankruptcy creditor before immunity is granted, and the debtor fails to enter it in the list of creditors even though he knows the existence of