A. The non-party C Co., Ltd. (hereinafter “non-party C”) borrowed KRW 71,00,000 from D Bank around October 199, and used the credit card issued by D Bank. The Plaintiff jointly and severally guaranteed the debt owed to the non-party D Bank.

B. After acquiring the above loans and credit card payment claims, the Defendant filed a lawsuit against the Plaintiff, etc. as Seoul Central District Court Decision 2006Kadan406953, and the above court served them by means of service by public notice. On May 1, 2007, the Defendant rendered a judgment that “the Plaintiff shall pay to the Defendant delay damages for KRW 57,420,556 and KRW 21,330,104 and KRW 4,860,00 among them.”

The above judgment became final and conclusive around that time.

(hereinafter the above judgment is referred to as “the prior suit judgment,” and the above claim is referred to as “the instant claim”).

On March 7, 2008, the Plaintiff filed an application for bankruptcy and immunity with the Seoul Central District Court No. 2008Hadan7092, 2008Ha7092, and 7092, and received from the above court a declaration of bankruptcy on May 14, 2008, and a decision to grant immunity on September 2, 2008.

The decision to grant immunity became final and conclusive on September 18, 2008.

The Plaintiff did not enter the instant claim in the list of creditors when filing an application for bankruptcy and immunity.

[Reasons for Recognition: Facts without dispute, Gap evidence 1, 2, 3, 6, 7, Eul evidence 1 through 4, 7, and 9, the purport of the whole pleadings and arguments]

2. Determination

A. The debtor who is exempted from the liability to determine the cause of the claim shall be exempted from all the obligations owed to the bankruptcy creditor, unless it falls under any of the subparagraphs of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Debtor Rehabilitation Act”).

According to the above facts of recognition, the defendant is a bankruptcy creditor who held the claim of this case prior to the declaration of bankruptcy against the plaintiff, and the decision to grant immunity against the plaintiff was confirmed on September 18, 2008, and thus, the plaintiff was exempted from the claim of this case unless there are special circumstances.

I would like to say.

Therefore, the defendant based on the judgment of the previous suit.