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1. Revocation of a judgment of the first instance;
2. The plaintiff's lawsuit against the defendant B shall be dismissed.
3. The plaintiff's defendant C.
Reasons
1. Basic facts
A. Defendant B is a person who sells cosmetics, etc. under the trade name “E” in Daegu-gu, Seogu.
B. The Plaintiff agreed to purchase cosmetics, shampoo and shampoo from Defendant B, and transferred the total amount of KRW 59,642,500 to Defendant C’s account at Defendant B’s request from November 27, 2014 to December 15 of the same year.
C. However, Defendant B did not supply cosmetics, etc. that the Plaintiff intended to purchase, and Defendant B borrowed KRW 53,755,600 to the Plaintiff on December 23, 2014 at the Plaintiff’s request, and thus, I will pay in full until December 30, 2014.
“The cash custody certificate was prepared and issued.”
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that an obligor who has been exempted from liability is exempted from all obligations to a bankruptcy creditor except dividends under the bankruptcy procedure. Here, the term “liability” means a debtor who continues to exist, but cannot compel the obligor to perform his/her obligations. As such, a debtor’s obligation becomes final and conclusive when the decision of discharge against the bankrupt debtor becomes final and conclusive, his/her claim is deemed to lose the ability of filing a lawsuit with ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the court’s substantial facts or evidence evidence evidence evidence evidence No. 1, Defendant B filed an application for adjudication of bankruptcy and exemption under 1482 and 2015, the above court rendered a ruling of exemption from liability with respect to the Defendant on Nov. 13, 2015; and thus, Defendant B’s claim included the above decision of exemption from liability in the list of claims of this case.
If so, the plaintiff's lawsuit against the defendant B is above.