1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. On September 14, 2006, the Plaintiff filed a lawsuit against the Defendant for the payment of rent, etc. with the Busan District Court Decision 2006Da543526, and on July 27, 2007, the above court rendered a favorable judgment against the Plaintiff that “the Defendant shall pay to the Plaintiff the amount of KRW 8,310,000 and interest calculated at the rate of KRW 20% per annum from May 7, 2007 to the date of full payment.” The above judgment was finalized on September 20, 207.

(2) The Plaintiff’s claim (hereinafter “the Plaintiff’s claim prior to the instant lawsuit”) stated in the instant lawsuit. (B)

The Plaintiff filed an application for a payment order on November 12, 2019 for the extension of the extinctive prescription period of the instant claim. Accordingly, the Defendant filed a written objection on December 20, 2019 with the Busan District Court’s payment order (2019 tea. 20634).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, significant facts in this court, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, according to the judgment of the previous suit of this case, the defendant is obligated to pay to the plaintiff the amount of KRW 8,310,000 and the amount calculated at the rate of 20% per annum from May 7, 2007 to the date of full payment.

3. The defendant's defense and the plaintiff's defense

A. Since the judgment of the defendant on the defendant's defense was accepted in the bankruptcy procedure after the judgment of the court of the lawsuit of this case, the defendant's defense to the effect that the defendant was exempted from the claim of this case.

(1) In the appellate brief, the Defendant was granted immunity in the bankruptcy procedure, and the bankruptcy procedure revealed that the claim of the previous suit of this case was not included in the list of creditors, and requested to suspend the proceedings of this case until the result of the lawsuit is found, as the previous suit of this case was scheduled to file a lawsuit in order to confirm the exemption of the previous suit of this case. The above claim is determined by the prior suit of this case. The facts and arguments of this court are significant.