구상금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the facts of recognition are either a dispute between the parties or substantial to this court.
C) On March 5, 2013, a mutual aid policyholder against the Plaintiff, who is a mutual aid business entity, filed a lawsuit seeking the payment of mutual aid money on the grounds that the Defendant, a real estate broker, violated obligations under Article 19(1) of the former Real Estate Brokerage Act (amended by Act No. 7638, Jul. 29, 2005; hereinafter “Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions”) (the broker, in the course of acting as a broker, is responsible for compensating for damages to the transaction party if the broker caused damage to his/her property by intention or negligence). The court rendered a final and conclusive judgment that “the Plaintiff shall pay to C 50 million won and its interest at a rate of 20% per annum from March 21, 2013 to the date of full payment.”
(C) The District Court 2013da41499 and 2013Na25528 of the same court). (b)
On February 27, 2014, the Plaintiff paid KRW 59,424,657 as the judgment amount to C.
C. The Defendant was declared bankrupt on July 17, 2015 (U.S. District Court Decision 2014Hadan4683), and the Plaintiff reported the claim for indemnity (hereinafter “the claim for indemnity of this case”) to a bankruptcy claim in the bankruptcy procedure. The claim for indemnity of this case was confirmed as a bankruptcy claim and entered in the bankruptcy creditors’ meeting, and the Plaintiff received KRW 7,048,354 by participating in the distribution.
On May 10, 2016, the decision of the termination of bankruptcy and the decision of immunity against the defendant was made.
2. Judgment on the defendant's defense on the main defense (the legal nature of the lawsuit)
A. The defendant asserts that the plaintiff's lawsuit of this case should be dismissed on the ground that he was granted immunity after being declared bankrupt, and that the plaintiff's claim of this case against the defendant, which the plaintiff acquired in accordance with the mutual aid agreement, shall be dismissed on the part of the plaintiff.