A. On February 13, 2001, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant agreement”) with the Defendant and the Defendant’s obligation to repay the principal and interest of loans to the High Military Cooperative, setting the guaranteed amount of KRW 40 million and the guarantee period by February 13, 2004 (hereinafter “instant agreement”).

B. At the time of the instant agreement, the Plaintiff and the Defendant agreed to pay the Plaintiff the amount of subrogation, damages for delay, penalty, etc. in accordance with the interest rate determined by the Plaintiff. The interest rate for delay determined by the Plaintiff is 12% per annum.

C. The Defendant did not pay the above loans to the Chang Chang-gun Cooperative, and on May 12, 2006, the Plaintiff subrogated for the said Suwon-gun with the interest of KRW 42,824,828 (i.e., the interest of KRW 40,00,000 (i.e., the interest of KRW 2,267,396) plus the interest of KRW 123,460 and KRW 43,972).

As of July 4, 2016, the amount of indemnity under the instant agreement is KRW 104,723,526 in total (i.e., the principal amount 42,824,828 won for delay damages of 60,678,673 won for subrogation).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of indemnity under the instant agreement at the rate of 12% per annum from July 5, 2016 to the date of full payment, with respect to KRW 104,723,526 and the principal amount of subrogated payment at the rate of 42,824,828 won.

3. The defendant's assertion argues that since the defendant applied for bankruptcy and exemption and accepted acceptance, the defendant is not liable to repay the defendant's obligation to the plaintiff.

Comprehensively taking account of the overall purport of the arguments and arguments, the defendant applied for bankruptcy and immunity to the Jeonju District Court 2010,1656, and received a decision of acceptance from the above court on September 9, 2011.