1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. Basic facts

A. On February 19, 194, the Defendant borrowed KRW 10 million from C (hereinafter “C”) around February 19, 1994. The above loan claims against the Defendant were transferred to the Plaintiff via D, E (hereinafter “E”), and F.

F around November 10, 2014, around November 10, 2014, the F notified the Defendant of the fact that the above obligation was assigned in succession by way of content-certified mail.

B. On the other hand, on April 28, 2009, E filed a lawsuit against the Defendant seeking the payment of the above amount receivable (hereinafter “instant claim”) with the Seoul Eastern District Court 2009 Ghana570722.

On May 11, 2009, the above court made a decision of performance recommendation that "the defendant shall pay E money of KRW 2,631,767 and 20% per annum from May 22, 2009 to the date of full payment." The above decision of performance recommendation was served on the defendant's cohabitant (child) on May 21, 2009 and confirmed as it is on June 5, 2009.

C. On January 10, 2017, the Defendant was declared bankrupt by the Gwangju District Court No. 2017Hadan5004, and was decided to grant the exemption from liability (hereinafter “instant exemption from liability”) on June 22, 2018. The Defendant was decided to grant the exemption from liability on July 11, 2018.

However, at the time of bankruptcy and application for immunity, the claims of this case were not stated in the list of creditors submitted by the defendant.

On May 14, 2019, the Plaintiff filed an application for the instant payment order to extend the prescription period of the instant claim.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff was granted a decision to grant immunity, the Defendant, despite being aware of the existence of the instant claim, did not enter it in the list of creditors. Therefore, the instant claim constitutes non-exempt claims under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).