구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 8, 2005, the Plaintiff filed a claim for indemnity against the Defendant, B, and C, and received a favorable judgment in the case of the Daegu District Court Branch of 2005Kadan12894 on November 8, 2005, that “The Defendant jointly and severally pays to the Plaintiff the amount of KRW 87,707,710 and KRW 86,51,890 among them, 14% per annum from June 28, 2004 to September 27, 2004; 16% per annum from the next day to September 14, 2005; and 20% per annum from the next day to the date of full payment.”
The above judgment was finalized on December 1, 2005.
After the judgment became final and conclusive, the Plaintiff recovered total amount of KRW 207,697 from the Defendant and B, and appropriated it to the principal, thereby making the remainder of the subrogated payment to KRW 86,34,193 ( KRW 86,551,890-207,697).
As to the amount to be recovered, 49,316 won was incurred according to the loss ratio determined by the Plaintiff.
The defendant filed bankruptcy and application for immunity with the Daegu District Court No. 2008Hadan3895 and 2008 3895, and received immunity from the above court on January 28, 2009, and the above immunity became final and conclusive on February 13, 2009.
[Reasons for Recognition] Gap evidence Nos. 1 and Eul evidence No. 1 (including each number) 2. Judgment
A. The plaintiff's assertion that the plaintiff's claim for reimbursement or final decision was exempted by the defendant, and the plaintiff asserts that the exemption does not extend to the effect of the exemption since the defendant did not enter the plaintiff's claim in the creditor list.
B. Article 566 Subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act provides that “A claim that is not entered in the list of creditors in bad faith by an obligor shall not be exempted from liability despite the bankruptcy decision.” Here, “a claim that is not entered in the list of creditors in bad faith by an obligor” is known to the obligor before immunity is granted.