1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. Determination on the legitimacy of a lawsuit

A. The gist of both claims is to seek payment of KRW 108,876,192 (the principal amount is KRW 34,953,095) against the Defendant, a joint and several surety, claiming that the Savings Bank loaned KRW 173,000,000 to B on March 28, 2011, and the Defendant jointly and severally guaranteed the obligations of KRW 173,000,00,00, and that the Plaintiff acquired the above loan claims from the Savings Bank on March 29, 2012.

In this regard, the defendant asserts that it is impossible to respond to the plaintiff's request because the decision was confirmed by the bankruptcy and exemption decision in Incheon District Court 2014Hadan69, 2014Ma69.

B. (1) Determination (1) Once a decision to grant immunity to a bankrupt becomes final and conclusive, that is, a claim on property arising from a cause before the debtor is declared bankrupt, namely, a bankruptcy claim is extinguished in principle in accordance with the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and the right to institute a lawsuit and the executive force of an ordinary claim is lost.

Meanwhile, Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that "a claim that is not recorded in the list of creditors in bad faith by an obligor" means a claim that is not exempt from liability due to the decision of exemption, where the obligor knows the existence of an obligation before the decision of exemption is made and fails to enter it in the list of creditors. Whether the obligor's bad faith is determined by comprehensively taking account of all the circumstances, such as the details of the omitted claim, the relationship between the obligor and the obligee, the relationship between the obligee and the obligor, and the obligor, and whether the obligor's explanation and objective data are consistent.

(2) The Defendant was declared bankrupt in the Incheon District Court Decision 2014Hadan69, 2014Ma69, and decided to grant immunity on November 4, 2014 and became final and conclusive around that time.