1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's lawsuit of this case against the defendant is dismissed.

1. Basic facts

A. On April 4, 2007, the Plaintiff prepared a notarial deed of monetary loan loan contract No. 656 of 2007 (hereinafter “notarial deed of this case”) under the status of “creditor himself/herself” and “agent C and the Defendant’s agent as joint and several sureties”. The content was that the Plaintiff lent KRW 14,50,000 to C on March 13, 2007 and the Defendant jointly and severally guaranteed the above loan obligation of C.

B. Meanwhile, the Defendant filed an application for bankruptcy and exemption with the Incheon District Court Decision 2017Hadan2731, 2017Ma2728, and was declared bankrupt on September 22, 2017. On November 28, 2017, upon receipt of the decision to grant exemption (hereinafter “instant decision to grant exemption”), the Defendant’s decision to grant exemption became final and conclusive on December 13, 2017.

(A) The list of creditors of the above bankruptcy and exemption cases is written as creditors by the plaintiff). [The ground for recognition] The fact that there is no dispute, Gap evidence No. 1, Eul evidence No. 1 and No. 2, and the purport of the whole pleadings.

2. Determination as to the defendant's defense prior to the merits

A. The defendant asserts that "the decision to grant exemption of this case becomes final and conclusive and its effect extends to a claim based on the notarial deed of this case," and the plaintiff's lawsuit against the defendant against the defendant in this case is unlawful as a defense prior to the merits of this case.

B. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Act”) provides that “The debtor shall be a bankruptcy claim against the property claim arising before bankruptcy is declared,” and Article 566 of the Act provides that “the debtor who has been exempted shall be exempted from all of his/her obligations to the bankruptcy creditors except for dividends pursuant to the bankruptcy procedures: Provided, That any of the following claims shall not be exempted from the liability.” Thus, a bankruptcy claim becomes effective unless it falls under any of the subparagraphs of the proviso of Article 566 of the Act, regardless of whether it is entered in the list of creditors of the application for immunity or not: