1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

The plaintiff asserts that he/she acquired each joint and several guarantee claim against the defendant of the National Bank and the Peace Bank, and sought the payment of the acquisition amount stated in the claim.

Since the defendant is granted immunity, he/she cannot respond to the plaintiff's claim.

When a decision to grant immunity to a bankrupt becomes final and conclusive, a property claim arising from the cause before the declaration of bankruptcy, namely, a bankruptcy claim, in principle, is extinguished in accordance with the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and the right to file a lawsuit and the executive force of an ordinary claim is lost.

Meanwhile, Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “a claim that is not recorded in the list of creditors in bad faith by an obligor” means a claim that is not exempt from liability due to the decision of exemption, where the obligor knows the existence of an obligation prior to the decision of exemption and fails to enter it in the list of creditors. Whether the obligor’s bad faith is determined by comprehensively taking account of all the circumstances, including the details of the omitted claim, the relationship between the obligor and the obligee, the relationship between the obligee and the obligor, and whether the obligor’s explanation and objective data are consistent (see Supreme Court Decision 2010Da49083, Oct. 14, 2010). The obligor’s burden of proving the obligor’s bad faith is borne

As to the instant case, the following facts are acknowledged in full view of the purport of the entire pleadings in the Health Center, Gap 1, 8, 9, Eul 1, and 2.

The defendant was declared bankrupt on June 21, 2007 and was granted immunity on August 23, 2007 after the Seoul Central District Court 2007Hadan14890, 2007 were decided on September 7, 2007.

Joint and several surety claims acquired by the plaintiff are joint and several surety claims for loans in 1994 and 1995, which have arisen from the cause before the defendant is declared bankrupt.