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1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. Defendant A Co., Ltd and Defendant B shall jointly and severally serve on the Plaintiff.
Reasons
1. Each claim against Defendant A, and Defendant B
A. Among the grounds for the attachment of the claim, the part corresponding to the above Defendants is indicated.
(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;
2. Claim against Defendant C
A. The summary of the Plaintiff’s assertion is as follows: (a) at the time the Defendant A Co., Ltd. borrowed KRW 80,000,000 from the Korea Exchange Bank on or around April 14, 200, Defendant C jointly and severally guaranteed the above loan obligations within the limit of KRW 104,00,000; (b) Nonparty A, the primary transferee of the above loan claims (hereinafter “instant loan claims”), the first transferee of the above loan claims, the Seoul Central District Court Decision 2005No363844, Sept. 28, 2006, the Seoul Central District Court Decision 2005Da363844, stating that “The Plaintiff, the Defendant A Co., Ltd., and the Plaintiff, from October 20, 206 to April 26, 2006, Defendant C shall jointly and severally pay the above loan obligations to the Plaintiff at the rate of KRW 104,000,000,000 per annum, and Defendant C shall be paid the above amount of the loan claims.
B. The debtor who has been exempted from liability for the whole of his obligations to the bankruptcy creditors, except for the distribution under the bankruptcy procedures, shall be exempted from liability for the whole of his obligations [the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).
The main text of Article 566) Inasmuch as a claim against a debtor by a bankruptcy creditor is naturally liable and loses the ability and executory power of filing a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015), the lawsuit seeking payment of a bankruptcy claim is unlawful as there is no benefit in the protection of rights.
However, the obligor shall not be entered in the list of creditors in bad faith.