1. The Plaintiff’s debt 23,974,766 won against the Defendant on May 20, 2016 and the provisional payment therefor.

1. Basic facts

A. Hyundai Capital Co., Ltd. (hereinafter “Nonindicted Company”) filed an application against the Plaintiff for a payment order with the Busan District Court 2015 tea2145 (hereinafter “instant bonds”). The payment order accepting the said company’s application was issued on May 8, 2015, and reached the Plaintiff on May 12, 2015, and the said payment order became final and conclusive on the 27th of the same month.

B. On May 20, 2016, Nonparty Company transferred the instant claim to the Defendant.

C. The Plaintiff was granted immunity on May 25, 2017 in the case of this court 2016do923 and 2016Hadan923, and the decision of immunity became final and conclusive on June 13, 2017, and the Defendant is not indicated in the list of creditors submitted by the Plaintiff at the time.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2 (including, if any, additional evidence) and the purport before oral argument

2. The assertion and judgment

A. According to the above facts of recognition, the instant claim was exempted from liability.

Therefore, the compulsory execution under the above payment order should not be permitted.

B. The defendant asserts that the claim in this case constitutes a claim not entered in the creditor list in bad faith by the debtor under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act, and thus, the above decision of immunity is not effective.

The burden of proof for murder, bad faith has been imposed on the defendant.

As seen earlier, the facts that the Defendant did not appear in the list of creditors submitted by the Plaintiff in the bankruptcy and exemption procedure are as shown above. However, the creditors listed in the list of creditors submitted by the Plaintiff, namely, the following circumstances acknowledged by the evidence submitted by the Plaintiff, which are: (a) the number of creditors is not less than eight corporate creditors; and (b) the amount of the remaining principal is more than 201,729,042 won and the interest is more than 68,288,109 won.