청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On January 27, 2012, the Defendant filed a lawsuit against the Plaintiff, the representative of the Co., Ltd. B, seeking the performance of the joint and several liability obligations based on the payment guarantee letter (B 4) dated January 13, 2011, and was sentenced to a favorable judgment on March 15, 2012 (the case at issue) by this court without undergoing pleadings (the case at issue). The judgment became final and conclusive as it is for patrolman on April 27, 2012 (hereinafter referred to as “instant title of execution”), and thereafter, the Plaintiff received a bankruptcy immunity decision in the Seoul Central District Court Decision 201Hau16, 2012, 2012 from the Plaintiff on December 27, 2012 (hereinafter referred to as “instant immunity decision”). There is no dispute between the parties concerned.
2. Grounds for and the defendant's assertion that the plaintiff's respective claims of this case are reasonable.
A. Plaintiff: (1) Despite the fact that the duplicate of the complaint of the instant case was unlawfully served during the process of establishing the instant executive title, the judgment of non-litigation was rendered, and the instant executive title was established without correcting the defect.
② In the bankruptcy proceeding against B, a corporation prior to the decision on immunity of this case, the Plaintiff did not enter the Plaintiff’s debt in the list of creditors as the joint and several liability obligations against the Defendant, which were known to be extinguished together. The decision on immunity of this case became final and conclusive, thereby legally exempting the Plaintiff from the Plaintiff’s liability.
B. Defendant: The Plaintiff, in bad faith, did not enter the joint and several liability obligations owed to the Defendant in the list of creditors; thus, the Defendant’s joint and several liability claims against the Plaintiff constitute non-exempt claims.
3. Determination
A. First, a claim objection lawsuit is a so-called “actual objection” and where the subject of claim for the exclusion of executory power is a final and conclusive judgment, the existence, content, and claim as to the existence of the claim indicated can serve as a legitimate ground for objection, but the judgment becomes final and conclusive.