대여금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's lawsuit against the defendant shall be dismissed.
3...
1. The fact that the court of first instance rendered a judgment citing the Plaintiff’s claim after serving a copy of the complaint against the Defendant, a notice of date for pleading, etc. on the Defendant by public notice, and then serving the Defendant by public notice, the original copy of the judgment of the first instance is also served on the Defendant by public notice, and the fact that the Defendant received the original copy of the judgment of the first instance on July 2, 2015, and submitted a written appeal for subsequent completion on July 7, 2015 is apparent in the record.
According to the above facts, the defendant was unable to observe the peremptory period due to a cause not attributable to the defendant, and the first instance court's judgment became aware of the fact that it was served by means of service by public notice, and filed a subsequent appeal within 2 weeks from July 2, 2015, the defendant's subsequent appeal is lawful.
2. Determination on the lawfulness of the lawsuit against the plaintiff against the defendant
A. The Plaintiff loaned KRW 42 million to the co-defendant B of the first instance trial from around December 10, 1998 to January 30, 2003 under the Defendant’s joint and several sureties. However, the Plaintiff asserted that the Defendants promised to repay the above loans amounting to KRW 30 million from around 2005, and sought payment of the above loans ex officio. We examine the legality of the instant lawsuit against the Defendant.
B. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), a debtor who has been exempted from liability is exempted from all of his/her obligations to a bankruptcy creditor except dividends pursuant to the bankruptcy procedure. Thus, a claim on property arising from a cause before the debtor is declared bankrupt, namely, a bankruptcy claim, becomes final and conclusive as a result of a decision to grant immunity on the debtor, and thus, the debtor loses the ability to file a lawsuit and the power of executory power, which ordinarily
As to the instant case, the Defendant was declared bankrupt on May 10, 2013 by Suwon District Court 2012Hadan554, and on September 3, 2013.