1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Defendant’s defense prior to the merits that the Plaintiff loaned KRW 30,000,000 to C on July 8, 2013 and KRW 10,00,00 on August 26, 2013, and filed a claim for joint and several surety payment on the ground that the Defendant jointly and severally guaranteed the aforementioned amount.

Since the defendant is declared bankrupt and granted immunity, the defendant raises a defense to the effect that the plaintiff's joint and several liability claims against the defendant were exempted.

2. That is, a property claim arising from a cause before the debtor is declared bankrupt, a bankruptcy claim becomes final and conclusive pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, which is the right to file a lawsuit and the power of executory power that ordinarily holds claims due to the natural obligation, shall be extinguished in principle.

If the purport of the entire argument is added to the statement in Eul evidence No. 1, the defendant filed an application for bankruptcy and immunity with the Changwon District Court Decision 2016Hadan1541, 2016Ma1541 and 2016Ma1541 and received immunity on October 19, 2016, and the above immunity became final and conclusive around that time. The plaintiff's joint and several surety claims constitute bankruptcy claims arising from property claims arising before bankruptcy is declared bankrupt, and thus, the defendant's obligation is exempted by immunity.

Therefore, since the Plaintiff’s joint and several sureties’s claim loses the ordinary right and executory power to file a lawsuit, the Plaintiff’s lawsuit of this case seeking payment is unlawful as there is no benefit of protection of rights.

3. In conclusion, the plaintiff's lawsuit of this case is unlawful and thus it is so decided as per Disposition.