면책확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
1. According to the evidence No. 1-1 and No. 2-2 of the basic facts, it is recognized that the Plaintiff was declared bankrupt and exempted on March 31, 2008 and confirmed on April 18, 2008 by the Busan District Court 2006, 6795, 2006Hadan6593 (hereinafter “instant exemption decision”).
2. Determination
A. (1) On September 13, 2001, the Plaintiff leased C vehicle security 15 million won to the Bank of Korea, and at the time, the Defendant provided joint and several guarantee for the Defendant’s loan debt to the Bank of Korea.
(hereinafter “Joint and Several sureties.” Therefore, although the Plaintiff was subject to the above bankruptcy and exemption, it did not enter the instant debt in the creditor list in bad faith, the exemption from liability by the decision of exemption from liability is limited pursuant to Article 566 Subparag. 7 of the Debtor Rehabilitation Act.
(2) The Plaintiff did not bear the Defendant’s joint and several liability, so the said joint and several liability should be exempted.
B. In the event that the obligation was omitted at the time of judgment, bankruptcy and immunity and the further claim is made for discharge of the obligation thereafter, the existence of the obligation should first be premised.
However, there is no ground to acknowledge that the plaintiff had borne the obligation of joint and several surety of the defendant's assertion, and thus, the claim of this case is without merit.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.