1. The defendant's Cheongju District Court 2006Gaso5769 against the plaintiff shall have an executory power over the defendant's claim for the guaranteed debt.

1. Facts of recognition;

A. A. Around 2006, the Defendant filed a lawsuit against the Plaintiff for the claim for reimbursement of the guaranteed debt at this court. On November 14, 2006, the court rendered a favorable judgment against the Plaintiff (hereinafter “instant judgment”) on the following grounds: (a) the service of the Plaintiff was conducted by public notice; and (b) the said judgment became final and conclusive around that time.

B. In around 2008, the Plaintiff was declared bankrupt and applied for immunity (2008Hadan37676, 2008, 37676 immunity) to the Seoul Central District Court, and was granted immunity on August 25, 2009. The above immunity became final and conclusive on September 9, 2009. At the time of the above application, the claim against the Defendant against the obligee (hereinafter “instant claim”) was not stated in the list of creditors.

C. Meanwhile, around 2016, the Defendant filed an application against the Plaintiff for entry in the defaulters’ list (2016Kacc. 607) and the property list (2016Kacc. 1049) with the Sungnam branch of Suwon District Court, and the Plaintiff filed the instant lawsuit against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 to 7, the purport of the whole pleadings

2. Determination

A. According to Article 423 of the Debtor Rehabilitation and Bankruptcy Act, a claim on property arising from a cause that occurred before the debtor is declared bankrupt is a bankruptcy claim. According to the main sentence of Article 566 of the same Act, a debtor who has been exempted from liability pursuant to the main sentence of Article 566 of the same Act is exempted from all of his/her obligations to a bankruptcy creditor except dividends arising from bankruptcy procedures. The claim in this case constitutes a bankruptcy claim arising from a cause that occurred before the bankruptcy is declared against the plaintiff, and the fact that the decision on exemption against the plaintiff was confirmed on August 25, 2009 becomes final and conclusive as seen earlier. Therefore, the defendant's compulsory execution against

B. As to this, the defendant has the claim of this case in the process of receiving the exemption decision as the actual principal obligor of the claim of this case.