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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, who wholesale business of automobile parts in C with the trade name, provided several joint and several sureties to the Defendant, who operated the Daelim Automobile D Agency, for the supply of Otoba-related goods from the Daelim Automobile Industry Co., Ltd., and finally, the Defendant provided joint and several sureties around April 2004.
B. The defendant did not pay the above goods properly and closed around July 2004. Accordingly, the above company requested the plaintiff who was a joint and several surety and repaid the total of KRW 40,000,000 ( KRW 10,000,000 on December 1, 2006, KRW 10,000,000 on July 7, 2009, and KRW 20,000,000 on July 15, 2009).
[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings
2. Determination
A. Therefore, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 40,000,000 and damages for delay, unless there are special circumstances.
B. The defendant's defense, etc. (1) The defendant asserts that his/her obligation to the plaintiff is also exempted, since he/she was declared bankrupt or immunity by the court.
In this regard, the fact that the defendant's decision of bankruptcy and decision of immunity (as of December 2, 2005, 2004, 177 immunity) is confirmed, but the list of creditors submitted by the plaintiff in the above bankruptcy immunity trial is found to be missing both claims against the Daelim Industrial Co., Ltd. and claims against the plaintiff.
(C) Under Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter simply referred to as the “Act”), a debtor who has been exempted from liability is exempted from the liability for all of his/her obligations to a bankruptcy creditor except for dividends arising from bankruptcy proceedings. However, pursuant to subparagraph 7 of the same Article, a debtor shall not be exempted from the liability for his/her claims not entered in the list of creditors in bad faith.
Here, the law.