보증채무금
1. Revocation of the first instance judgment.
2. The plaintiff's lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Determination on the legitimacy of a lawsuit
A. The Plaintiff sought performance of each of the above guaranteed obligations against the Defendant on the ground that the Plaintiff lent 1 million won to C on November 19, 2009, and 1 million won lent to D on January 19, 2010.
In this regard, the defendant is not liable for each of the above loans since the defendant was exempted from liability in the bankruptcy procedure.
B. In light of the following, the debtor’s property right arising from a cause before the bankruptcy is declared against the debtor is a bankruptcy claim (Article 423 of the Debtor Rehabilitation and Bankruptcy Act); and the debtor who has been exempted from liability is exempt from all liability for all obligations to the bankruptcy creditor except for dividends arising from the bankruptcy procedure (Article 566 of the same Act). However, according to the facts and the statements in the evidence Nos. 1 and 2 in the court of the party instance, according to the above, the defendant’s application for bankruptcy and discharge on Sept. 23, 2013 (the Ulsan District Court Decision 2013Hadle520, 521, 2013) and the defendant’s application for bankruptcy and discharge (the Ulsan District Court Decision 2013Hadle 521, 2013, Apr. 21, 2014) and the decision to grant discharge on July 15, 2014 becomes final and conclusive.
According to the above facts, even if the plaintiff's assertion is based on the plaintiff's assertion, the plaintiff's claim against the defendant is a bankruptcy claim, and the defendant was exempted from the responsibility for the whole of the plaintiff's obligation to the bankruptcy creditor
I would like to say.
Therefore, the defendant's defense is justified.
2. In conclusion, the plaintiff's lawsuit is to seek the performance of the bankruptcy claim for which the decision of exemption has become final and conclusive, and it is unlawful as there is no interest in the lawsuit. Thus, the judgment of the court of first instance is unfair with different conclusions. Thus, the judgment of the court of first instance is revoked and the plaintiff's lawsuit