The plaintiff's claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. In September 2009, the Defendant entered into a contract with the Plaintiff and the Plaintiff’s wife C to sell 5,000,000 won cultivated by the Defendant to the Plaintiff and C, and the Plaintiff and C had harvested 14,264,400 won out of the above payment to the Defendant on November 2009.

B. Accordingly, around 2012, the Defendant filed an application for the instant payment order with the Plaintiff and C seeking payment of KRW 40,735,600 for the amount unpaid and delayed payment damages therefor, and the Plaintiff and C did not raise an objection despite having received the original copy of the instant payment order on November 14, 2012, and the instant payment order became final and conclusive on November 29, 2012.

C. On the other hand, on September 4, 2012, the Plaintiff requested bankruptcy and exemption from liability under the Gwangju District Court Decision 2012Hadan2607 and 2012Ha2,2607, and obtained the decision of exemption from liability on December 17, 2013 (hereinafter “instant exemption”). The instant decision of exemption from liability became final and conclusive on January 3, 2014.

However, at the time of the application for exemption, the Plaintiff did not enter the claim based on the payment order in the list of creditors.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. A certified judicial scrivener who was requested by the plaintiff to apply for exemption of this case from the plaintiff's assertion, prepared the written application for exemption of this case, and did not enter the claim based on the payment order of this case in the creditor list, but did not omitted the claim based on the payment order of this case in bad faith. Thus, a claim based on the payment order of this case was exempted from the exemption decision of this case, and therefore, a compulsory execution based on the payment order of this case against the plaintiff of

B. "Claims that are not entered in the list of creditors in bad faith by an obligor" under Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act means before the obligor grants immunity.