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. Summary of the parties' assertion

A. On May 27, 1998, the Defendant jointly and severally guaranteed the obligation of Nonparty E at the time when Nonparty E entered into a loan transaction agreement with the F Association, and the Plaintiff finally acquired the obligation from the F Association. The Defendant is obligated to pay the Plaintiff the principal of the loan and the damages for delay.

B. The Defendant is declared bankrupt and granted immunity, and the instant lawsuit is unlawful.

2. In full view of the purport of the entire pleadings as to the determination on the legitimacy of the instant lawsuit in the statement of evidence No. 2, the Defendant, who was declared bankrupt on August 25, 2016 in the procedure of the declaration of bankruptcy and the case of immunity that took place by Daejeon District Court Decision 2015Hau3187, 2015Ma3184, and was decided to grant permission for exemption on November 11, 2016, and the said decision became final and conclusive on November 26, 2016, and the list of creditors of the said declaration of bankruptcy and the case of exemption, can be acknowledged that the instant claim is not entered in the list of creditors of the said case.

According to the above facts of recognition, the defendant's obligation of indemnity against the plaintiff asserted by the plaintiff is exempted from its liability by the above immunity decision and became natural obligation.

Therefore, the lawsuit of this case is unlawful, since the plaintiff cannot file a lawsuit against the defendant for its implementation.

In this regard, the plaintiff asserts that the defendant, the debtor, did not enter the claim of this case in the creditor list in bad faith, so the exemption does not become effective.

The debtor who has been exempted from liability pursuant to Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act (Effect of Immunity), with the exception of dividends pursuant to the bankruptcy procedures, shall be exempted from the responsibility for the whole of the obligations to the bankruptcy creditors.

Provided, That the responsibility shall not be exempted for the following claims:

7. Claims not entered in the list of creditors in bad faith by the obligor: Provided, That the same shall not apply if the obligee has become bankrupt;

subsection. (3) of this section.