청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Industrial Bank of Korea concluded a credit transaction agreement with D Co., Ltd. (hereinafter “D”), and loaned KRW 952,00,000 on eight occasions from 199 to 2002, and the Plaintiff as a representative director D’s representative director set a guarantee limit on six occasions out of the above loans, and jointly and severally guaranteed debt (hereinafter “joint and several guaranteed debt”).
Loans against D by the Industrial Bank of Korea were assigned in sequence to E Limited Liability Company, F Limited Liability Company, G Co., Ltd, H Co., Ltd. and Defendant.
On October 5, 2007, the Plaintiff filed an application for bankruptcy and immunity with Seoul Rehabilitation Court Decision 2007Hadan39263, 2007Ma39286, which was declared bankrupt on December 21, 2007, and was granted immunity on February 27, 2008, and the above decision became final and conclusive.
The creditors of the joint and several surety obligation of this case are not included in the list of creditors in the above bankruptcy and immunity procedure (hereinafter referred to as the "liability exemption procedure of this case").
The defendant applied for the payment order for the performance of joint and several surety obligation of this case to the Gwangju District Court 2020 tea11640 and received the payment order on June 9, 2020 (hereinafter "the payment order of this case"). The above payment order became final and conclusive.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. In the Plaintiff’s assertion exemption procedure, the obligee of the instant joint and several surety obligation was omitted from the obligee’s list, but did not have been maliciously omitted. Thus, the effect of immunity in the instant exemption procedure extends to the joint and several surety obligation of this case.
Therefore, compulsory execution based on the payment order of this case based on the joint and several guarantee debt of this case shall not be permitted.
B. The defendant alleged in bad faith omitted the creditor of the joint and several surety obligation of this case from the creditor list, and the effect of immunity in the exemption procedure of this case does not extend to the joint and several surety obligation of this case.
(c).