1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. On December 21, 2004, the Plaintiff sold one coffee vending machine to the Defendant at KRW 5,291,000. The Defendant received a loan from a new card company (former EL Card Co., Ltd.; hereinafter “new card”) and paid the Plaintiff the amount equivalent to the above money. However, the Defendant agreed on the Plaintiff’s new card to bear the Plaintiff’s responsibility for returning the above loan when the monthly payment of the above loan was overdue for at least five months as of the end of each month. Since the Defendant delayed the monthly payment of the above loan for at least five months, the Defendant’s repayment of the above loan amount to the new card on behalf of the Defendant on June 23, 2010, the Plaintiff did not pay the above loan amounting to KRW 5,350,825,00, and the Defendant did not file an application with the District Court Decision 2007Nu6302, 207,6310, and was declared bankrupt and declared bankrupt, and the Defendant’s exemption decision on January 26, 201, 2018, respectively.

2. The Plaintiff claimed reimbursement against the Defendant on the ground that the Plaintiff subrogated for the Defendant’s new card payment obligation, the Defendant, who already received immunity, and thus, did not comply with the Plaintiff’s claim.

3. Where 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, and a bankruptcy claim, in principle, ceases to exist and is naturally liable and lose the ability and executory power of filing an action against the debtor as a natural obligation.

On the other hand, the obligor is acting in bad faith, which is defined as the obligor's right not to be exempted from liability due to the ruling of exemption under Article 566 (7).