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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.
Reasons
1. Basic facts
A. The Defendant is a person who served as an accounting employee of the D Co., Ltd. operated by Nonparty C, and the Plaintiff was aware of C through the Defendant and was engaged in monetary transactions with C.
B. On October 2005, the Plaintiff lent KRW 61.2 million to C the sum of the total construction funds for the construction of the Daedong-gu Incheon apartment (Seoul apartment), and the said apartment was completed on January 2006.
C. C around May 2007, upon receiving a contract for the construction work of large-scale F construction in the amount of KRW 670,000,000,000 for the construction work, and requested the Plaintiff to lend money to the Plaintiff for the payment of corporate tax for the progress of the construction work. The Plaintiff lent KRW 30,000,000 to C twice on June 12, 2007.
C received advance payment amounting to KRW 268 million, and through the Defendant, paid KRW 35 million on June 29, 2007 and KRW 37.5 million on July 2, 2007 to the Plaintiff through the Defendant for the repayment of the existing debt amounting to KRW 61.2 million.
E. After that, C continued the above F Corporation, but creditors related to G Corporation, which had been separately proceeding C, did not receive progress payment at all while seizing C’s claim for the construction payment against CF, and did not pay the Plaintiff the above KRW 30 million debt against the Plaintiff.
F. On April 22, 2008, the Plaintiff was issued by the Defendant a certificate of money borrowed from the Defendant that “If C does not perform its obligation with respect to KRW 30,000,000,000 to the Plaintiff, the Defendant, a joint guarantor, will act on behalf of the Defendant.”
G. Meanwhile, the Defendant filed an application for bankruptcy and discharge with the Daejeon District Court No. 20135, Jul. 28, 201; and was declared bankrupt on January 10, 201; and was granted immunity on February 3, 2014; and the foregoing immunity became final and conclusive on March 19, 2015. In the bankruptcy and discharge case, the Plaintiff is included in the list of creditors as the creditors of the loans worth KRW 30 million.
H. As above, the Defendant’s application for bankruptcy and exemption was defective, and the Plaintiff.