양수금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's lawsuit of this case against the defendant is dismissed.
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 the date of pleading, etc. on the Defendant by public notice; the original copy of the judgment of the first instance 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 11, 2016 and filed an appeal for subsequent completion on July 18, 2016, is apparent in the record.
If there are these circumstances, the defendant could not observe the peremptory period due to a cause not attributable to the defendant, and the court of first instance filed a subsequent appeal within 2 weeks from July 1, 2016, which became aware of the fact that the judgment was served by public notice, and thus, the defendant's subsequent appeal is lawful.
2. Judgment on the merits
A. The plaintiff asserts that he/she acquired a joint and several guarantee claim against the defendant of the National Bank, and sought payment of the acquisition amount stated in the purport of the claim to the defendant.
Since the defendant is granted immunity, he/she cannot respond to the plaintiff's claim.
B. Where a decision to grant immunity to a bankrupt becomes final and conclusive, a claim on property arising from a cause before the debtor is declared bankrupt, namely, a bankruptcy claim, as a matter of principle, is extinguished in accordance with the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and is naturally liable and lose the ability and executive capacity of filing a lawsuit that has ordinary claims.
On the other hand, Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim which is not recorded in the list of creditors in bad faith by an obligor" as a claim for which liability is not exempted due to the decision of exemption means a case where the obligor knows the existence of an obligation before the decision of exemption is made, but is not entered in the list of creditors. Whether the obligor is malicious or not is the obligor.