1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant filed an application against the Plaintiff for a payment order claiming the payment of the above amount and its delay damages (hereinafter “instant payment order”) with the Daegu District Court, Seoul District Court 2016 tea232, Ulsan District Court, Seoul District Court 2016Da232, on the ground that C and D Company acquired each of the loan claims against the Plaintiff, and the said court issued the payment order on July 29, 2016, and the Plaintiff did not raise an objection on August 3, 2016, on the ground that the Plaintiff was directly served the original copy of the above payment order, and the said payment order became final and conclusive on August 18, 2016.

B. Based on the executory exemplification of the instant payment order, the Defendant applied for the attachment and collection order of the credit card sales claim, etc. of the “Ecafeteria” operated by the Plaintiff under the Young-gu District Court Young-gu District Court Young-gu Branch 2016TTTB253, and the said court issued the attachment and collection order on August 31, 2016, and the Plaintiff was directly served on September 7, 2016.

On September 20, 2016, in order to avoid compulsory execution, the Plaintiff received a summary order of KRW 1 million on May 24, 2017, as the Daegu District Court Young-gu Branch 2017 High School Decision 201Da369 decided May 24, 2017, for the purpose of evading compulsory execution, by changing the name of the business operator to F, and changing the credit card sales to F, so that the credit card sales amount may be deposited into the account in the name of F.

C. After that, the Plaintiff filed an application for adjudication of bankruptcy with the Daegu District Court 2018Hadan2357, and the said court rendered a ruling of bankruptcy on January 16, 2019, but rendered a ruling of discontinuation of bankruptcy on May 16, 2019 on the ground that the bankruptcy estate is insufficient to cover expenses for the bankruptcy proceedings.

In addition, the Plaintiff filed an application for immunity with Daegu District Court 2018Gu2357, and the above court rendered immunity on May 16, 2019, and the above immunity became final and conclusive on June 1, 2019.