보증채무금
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
According to the record of this case’s judgment of ex officio as to the legality of an appeal for the completion of the appeal, the first instance court served a copy, etc. of the complaint against the defendant by public notice and proceeded with the pleadings, and rendered a judgment accepting the Plaintiff’s claim on September 18, 2012, and the original copy of the judgment was served on the Defendant by public notice on September 22, 2012.
On May 1, 2019, the Defendant received an original copy of the judgment of the first instance on May 1, 2019 and became aware that the judgment of the first instance was served by public notice, and filed an appeal for subsequent completion on May 15, 2019.
Therefore, since the defendant could not comply with the peremptory appeal period, which is the peremptory period, due to a cause not attributable to the defendant, the appeal of subsequent completion filed within two weeks from the date on which the court of first instance became aware of the service by public notice is lawful.
On October 1, 1997, the plaintiff declared bankrupt and decided to grant immunity to the defendant as to the legitimacy of the lawsuit of this case. The plaintiff lent 15% interest per annum, 22% interest per annum, and the due date of repayment on September 30, 200 to C. The defendant jointly and severally guaranteed the above debt (hereinafter "joint and severally guaranteed debt" or "the debt of this case"). On the other hand, on February 24, 201, the defendant was decided bankrupt and exemption (hereinafter "the bankruptcy and exemption exemption of this case") by the Gwangju District Court Decision 2009Da5139 (hereinafter "the bankruptcy and exemption of this case") and became final and conclusive around that time, and the fact that the debt of this case was not entered in the list of creditors submitted by the defendant during the bankruptcy and exemption procedure is not disputed between the parties or may be acknowledged by evidence Nos. 1 through 4, No. 1 and No. 2-36, respectively.
The summary of the defendant's assertion is that the defendant did not know the existence of the debt of this case at the time of application for bankruptcy and immunity, and did not neglect it in bad faith.
Therefore, the debt of this case shall be deemed to have been exempted by the bankruptcy of this case and the immunity decision.
Judgment
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