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. The reasons for the acceptance of the judgment of the court of first instance are as follows: “Evidence incurred in the above-mentioned” in Section 1 of Section 4 are as follows: “Evidence in the above-mentioned evidence, the entire purport of entry and pleadings in Section 5 to Section 5 to Section 8; “liability” in Section 2 is as “claim”; “liability” in Section 5 is changed as “liability”; and “liability for Discharge” in Section 5 is changed as “liability for Discharge”; and the following additions after Section 14 are the same as the reasons for the judgment of the court of first instance, and they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. 추가하는 부분 ㈐ 원고는 이 사건 파산 및 면책신청 당시에는 피고가 대위변제를 하지 않아서 구상권이 발생하지 않은 상태였고, 피고가 대위변제를 한 이후에는 대위변제 사실을 알지 못하였으므로, 피고의 구상금 채권이 존재한다는 사실을 알지 못해서 채권자목록에 기재하지 못한 것이라는 취지로 주장하기도 한다.

However, the debtor's discharge does not affect the guarantor's and other joint debtors jointly with the debtor's liability for performance, such as overlapping debt assumption, and the security provided by the surety (Article 567 of the Act). Moreover, even if the guarantor performs the guaranteed obligation to the creditor after the decision to grant immunity on the principal debtor becomes final and conclusive, and acquires the claim for reimbursement against the debtor, this is not a new claim acquired after the exemption, but a bankruptcy claim acquired by the future right to indemnity (Article 427 (2) of the Act) against the debtor, and thus, it is naturally effective.

Therefore, the surety cannot exercise the right of reimbursement against the obligor.

For this reason, the guarantor is guaranteed the right to participate in the bankruptcy proceedings and receive dividends under certain conditions in the bankruptcy proceedings (Article 430 of the Act), and taking into account the effect of the immunity on the right to indemnity of the guarantor, etc., the debtor is in the list of creditors in the bankruptcy and immunity proceedings.