1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 22, 2011, B Co., Ltd. (hereinafter “B”) purchased a vehicle from BMW 528i, and entered into a installment financing contract with the Defendant that the Defendant would pay the purchase price to the seller, and that B would pay the purchase price and pay the interest to the Defendant in installments thereafter.

The joint and several surety column of the installment financing contract includes the name of the plaintiff who was the representative director B at the time.

(hereinafter “instant contract”). (b)

On December 12, 2013, the Plaintiff filed an application for bankruptcy and discharge with the Daejeon District Court 2013Hadan2849, 2013Ha2854, and was declared bankrupt on January 27, 2014. The same year

6. 26. 26. The Defendant’s claim based on the instant contract was not stated in the creditors’ list at the time of filing the petition for bankruptcy and exemption.

(hereinafter referred to as “instant exemption decision”). 【No dispute exists concerning the grounds for recognition, Gap evidence Nos. 1 through 3, Eul evidence No. 2-1, and the purport of the whole pleadings.

2. The plaintiff's assertion was appointed as the representative director B by the invitation of pro-Japanese, but did not actually participate in the management of the company, and was omitted from the creditor list because the plaintiff was unaware of the fact that the contract of this case was concluded with the joint guarantor. Thus, the defendant's claim under the contract of this case also has the effect of the decision

3. According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a debtor who has been exempted is exempted from the responsibility for the whole of an obligation to a bankruptcy creditor except for a distribution under the bankruptcy procedure. However, a debtor is not exempt from the liability for a claim not entered in the list of creditors in bad faith (proviso No. 7). Here, "the debtor's right not entered in the list of creditors in bad faith" refers to the existence of an obligation against a bankruptcy creditor before immunity is granted.