1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On January 5, 2006, the Plaintiff lent 6,500,000 won to C, and 66% of interest per annum when the Plaintiff demanded repayment. The Defendant jointly and severally guaranteed the obligation of the Plaintiff to C.

(hereinafter, the Plaintiff’s claim against the Defendant arising therefrom (hereinafter “instant claim”). B.

On March 2, 2006, the Plaintiff seized C-owned corporeal movables.

C. Meanwhile, on June 5, 2009, the defendant filed an application for bankruptcy and exemption with the Cheongju District Court Decision 2009Hadan109, 2009Da1109, 1109, and decided on November 5, 2009 (hereinafter “instant decision on exemption”). The above decision was finalized on November 20, 209 as it was, and the list of creditors prepared and submitted by the defendant while filing an application for bankruptcy and exemption was not stated in the claim of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. As to the lawsuit of this case for which the plaintiff claimed payment of the claim of this case against the defendant by the court, the defendant himself has obtained the permission of exemption from the court, the plaintiff's lawsuit of this case is unlawful as there is no benefit in the protection of rights. Accordingly, the plaintiff asserts that the decision of exemption from this case does not extend to the claim of this case, since the plaintiff knew the existence of the claim of this case at the time of bankruptcy and application for exemption from immunity

B. Article 423 of the Debtor Rehabilitation and Bankruptcy Act of the first legal doctrine and Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides, “The debtor shall be a bankruptcy claim in respect of property claims arising before the declaration of bankruptcy,” and Article 566 of the same Act provides, “The debtor so exempted shall be exempted from all obligations to the bankruptcy creditor except dividends arising from the bankruptcy proceedings.” However, the following claims shall not be exempted from liability: