1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. The reasoning of the court of first instance’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for the defendant’s assertion emphasized or added by the court of first instance as to this case’s assertion, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Additional determination

A. The grounds for raising the Defendant’s objection ought to arise after the pleadings have been concluded (in the case of a judgment without holding any pleadings, after the judgment was rendered). The time when the Plaintiff and the selected C was declared bankrupt and the decision to grant immunity became final and conclusive (Plaintiffs: January 13, 2009; January 13, 2009; December 11, 2008: Appointor C) is prior to the closing of argument in the second judgment ( October 15, 2014). Therefore, such grounds cannot be the grounds for raising the objection.

B. Even if a decision to grant immunity under the Debtor Rehabilitation and Bankruptcy Act becomes final and conclusive, and the obligor’s obligation is exempted, this does not necessarily mean that the enforcement title with respect to the exempted obligation naturally loses its effect. However, a claim objection suit is merely a ground to exclude enforcement power of enforcement title through a claim objection suit.

(see, e.g., Supreme Court Order 2013Ma1438, Sept. 16, 2013). Therefore, it cannot be said that a person, who did not or did not have asserted in the course of pleadings, may not thereafter assert it at the stage of compulsory execution by a final and conclusive judgment.

In particular, in a lawsuit where a creditor seeks the performance of an obligation against a debtor, if the debtor does not assert that the fact of the discharge or the effect of the discharge extends to the obligation, the issue of the responsibility or the executory power does not appear as the object of a practical adjudication, and thus, it does not affect the res judicata effect.

Therefore, even though the debtor is granted immunity, it is true until the argument of the lawsuit brought by the creditor is closed.