1. The defendant's execution of the check money claim against the plaintiff is based on the Daegu District Court 2004 Ghana23234 ruling.

1. Basic facts

A. On January 12, 2004, the Defendant filed a lawsuit against the Plaintiff for the claim for the check money with the Daegu District Court 2004Gaso23234, and the said court rendered a favorable judgment against the Plaintiff on May 19, 2004 (hereinafter “instant judgment”) after serving the Plaintiff by public notice. The said judgment became final and conclusive around that time.

B. In around 2007, the Plaintiff was declared bankrupt and applied for immunity (2007Hadan7542, 2007 Da7542, 7542) to the Daegu District Court for immunity on June 13, 2008. The above immunity became final and conclusive on June 24, 2008. At the time of the above application, the claim against the Defendant against the obligee (hereinafter “instant claim”) was not stated.

C. Meanwhile, around 2015, the Defendant filed an application against the Plaintiff for entry in the defaulters’ list, etc. (2015 Chicago589) with the Seoggu District Court Branch, but received a decision of dismissal from the said court on March 3, 2016.

In addition, the defendant filed a seizure and collection order (2016TTT 14087) against the plaintiff at the Seog Daegu District Court Branch around 2016, and received a seizure and collection order from the above court on March 4, 2016.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and 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 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 is exempted from all obligations to a bankruptcy creditor except dividends arising from bankruptcy procedures. The claim in this case constitutes a bankruptcy claim arising from a cause before the bankruptcy is declared against the plaintiff, and the fact that the decision on exemption against the plaintiff was confirmed on June 24, 2008 is as seen earlier. Therefore, the defendant's compulsory execution against the plaintiff based on the judgment in this case shall be allowed unless there are any special circumstances.