The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. On April 30, 2010, the Defendant leased KRW 1,700,000 to the Plaintiff on December 30, 2010, with the due date set as December 30, 2010.

(hereinafter “instant claim”). On October 2, 2013, the Defendant filed a lawsuit against the Plaintiff to seek the payment of the instant claim with Seoul Southern District Court 2013da127197. The said court accepted the Defendant’s above claim and rendered a judgment on March 10, 2014 that “the Plaintiff shall pay to the Defendant 1,70,000 won per annum and 20% per annum from January 1, 201 to December 13, 2013, and from the next day to December 13, 2013.” The said judgment became final and conclusive on March 28, 2014.

(hereinafter “instant judgment”). (b)

On January 11, 2016, the Plaintiff filed an application for bankruptcy and immunity with the District Court Decision 2016Hadan56, 2016Ra56, and 2016Ra56, following the declaration of bankruptcy on August 24, 2016, the Plaintiff was granted immunity on February 28, 2017, and the said immunity exemption became final and conclusive on March 15, 2017.

(hereinafter “instant immunity”). The list of creditors submitted by the Plaintiff at the time of filing an application for immunity did not indicate the instant claim.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 5 (including additional number), Eul evidence 1, the purport of the whole pleadings

2. Any property claim arising prior to the declaration of bankruptcy against the debtor as to the determination of the cause of the claim, that is, the bankruptcy claim shall be exempt from the effect of immunity under Article 565 of the Debtor Rehabilitation and Bankruptcy Act, unless the immunity decision becomes final and conclusive on the grounds that it does not fall under any of the claims provided for in the proviso of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, even if it is not entered in the list of creditors

According to the above facts, the instant claim is a property claim arising from a cause arising prior to the declaration of bankruptcy, which constitutes a bankruptcy claim, and the immunity decision of this case becomes final and conclusive, thereby losing its executive force.

Therefore, the judgment of this case is based.