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.

1. Basic facts

A. The Defendant’s certificate of borrowing KRW 2 million from the obligee (hereinafter “the certificate of borrowing”). The obligee’s column for the certificate of borrowing in this case includes the Plaintiff’s name as the beneficiary and the date of borrowing ( February 21, 2009), the due date for repayment ( April 20, 2009), and the interest (2% per month).

On the other hand, the joint and several guarantee column of the loan certificate of this case is indicated in the name and address of the co-defendant C in the first instance trial, and C’s seal is affixed.

B. On April 14, 2008, the Defendant filed an application for bankruptcy and immunity with the Changwon District Court No. 2008Hadan1273, 2008, 1274, and the Defendant rendered a final judgment of exemption against the Defendant on November 30, 2009 (hereinafter “instant bankruptcy and exemption”), and did not include the Plaintiff in the list of creditors of the above bankruptcy and exemption cases.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 (including paper numbers), the purport of whole pleadings

2. The parties' assertion

A. On February 21, 2009, the Plaintiff asserted that the Plaintiff lent KRW 2 million to the Defendant on April 20, 2009 by setting the due date for reimbursement of KRW 2 million and KRW 2% per month of interest. Since the Defendant did not pay this, the Defendant is liable to pay the Plaintiff the above KRW 2 million and interest and delay damages.

The instant loan is borrowed as of February 21, 2009 and cannot be deemed as a discharge claim with a claim arising after a petition for bankruptcy was filed. If the instant loan was borrowed as of July 9, 2007 as alleged by the Defendant, then the Plaintiff’s claim against the Defendant constitutes “a claim against which the obligor did not enter in the list of creditors in bad faith” under Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “DR”), and thus, does not constitute a discharge claim.

B. The Defendant’s assertion was written in around 2007, and the Defendant’s signature was written in only the principal amount of KRW 2 million.