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(영문) 부산지방법원동부지원 2016.05.27 2015가합102919

면책확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff served as the representative director of a stock company B (hereinafter “instant company”) from December 13, 2005 to March 8, 2010.

The Defendant entered into a credit guarantee agreement with the instant company, and the Plaintiff jointly and severally guaranteed the liability for indemnity under the above credit guarantee agreement with the Defendant of the instant company.

B. On June 25, 2010, pursuant to the above credit guarantee agreement, the Defendant subrogated to the Daegu Bank for the obligations of the instant company’s loans.

C. On June 28, 2011, the Defendant filed a civil lawsuit against the Plaintiff with the Daegu District Court 201Ga3272 (hereinafter “instant claim for reimbursement”), and was sentenced to a judgment on June 28, 201 that “the Plaintiff shall pay to the Defendant 1,149,165,958 won and 1,147,65,648 won among them, 14% per annum from June 25, 2010 to September 24, 2010; 16% per annum from the next day to May 4, 2011; and 20% per annum from the next day to the date of full payment.” The said judgment became final and conclusive on July 15, 2011.

(hereinafter referred to as “instant claim”) D. D. of the Defendant’s claim

Meanwhile, on the other hand, on February 10, 2014, the Plaintiff filed a bankruptcy and application for immunity with the Daegu District Court No. 2014Hadan521 and 2014Ma521, and thereafter, the Plaintiff rendered a decision to grant immunity (hereinafter “instant decision to grant immunity”) on September 30, 2014, and the said decision became final and conclusive on October 15, 2014.

E. Meanwhile, the list of creditors submitted by the Plaintiff in the above bankruptcy and immunity case (hereinafter “list of creditors of this case”) is as shown in the attached Form.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion has aggravated health conditions at the time of the instant company’s bankruptcy and exemption, and could not be properly involved in the instant case. Furthermore, the Defendant and the Credit Guarantee Fund are integrated.