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The judgment of the first instance shall be revoked.
The instant lawsuit is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport, purport, and.
Reasons
1. The plaintiff asserted on December 19, 2001, the plaintiff lent 30 million won to the defendant B on December 27, 2001 with the due date set on December 27, 2001. The defendant C has a joint and several obligation under the defendant C, and the defendants are jointly and severally liable to pay 30 million won and damages for delay to the plaintiff.
2. Determination as to the defendants' defense prior to the merits
A. The Defendants asserted that their respective claims against the Defendants (hereinafter “instant claims”) constitute bankruptcy claims and thus, the Plaintiff was unable to enforce the instant claims against the Defendants.
According to the evidence evidence Nos. 1, 2, 4 and 5, Defendant B was declared bankrupt by the Daegu District Court No. 2012Hadan3579, 2012 and 3579, and was granted immunity as of January 31, 2013 after Defendant C was declared bankrupt by filing an application for bankruptcy and immunity, and Defendant C was granted immunity exemption as of December 26, 2012 upon filing an application for bankruptcy and exemption as of the Daegu District Court No. 2012Hadan3578, 2012, 2012, and 3578. The date of occurrence of the claim of this case was prior to filing an application for bankruptcy and exemption. According to the above facts of recognition, according to the above facts, the claim of this case was deemed to have lost the ability to file a suit for the protection of rights of the Defendants, and thus, the lawsuit of this case against the Defendants is unlawful.
B. As to this, the Plaintiff again asserted that the claim of this case constitutes non-exempt claim as stipulated in Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, since the Defendants did not enter the claim of this case in the list of creditors in bad faith, according to the evidence Nos. 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, it is acknowledged that the Defendants did not enter the claim of this case in the list of creditors at the time they applied for bankruptcy and exemption.