양수금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. A. On October 2, 1997, C Co., Ltd. (hereinafter “C”) entered into a bill transaction agreement with D Co., Ltd. (hereinafter “D”) with a set limit of KRW 10 billion. The Defendant jointly and severally guaranteed D’s obligations under the said bill transaction agreement (hereinafter “instant joint and several guarantee agreement”).
B. Around September 28, 2000, as to D, was declared bankrupt by the Changwon District Court 200Hah8, and the bankruptcy was terminated around February 28, 2005.
On the other hand, C was declared bankrupt on September 30, 1998 and the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.
C. E limited liability companies holding promissory notes, etc. issued by D (hereinafter “E”) reported bankruptcy claims in the bankruptcy proceeding against C, and the Changwon District Court Decision 2002Gahap2096 decided that “E has bankruptcy claims of KRW 12,98,556,324 against C who is liable to guarantee the payment of the Promissory Notes” in the bankruptcy claim confirmation case with the Changwon District Court Decision 2002Gahap2096, May 6, 2004.
[Reasons for Recognition] Each entry of Gap evidence 1 to 8 (including each number), the purport of the whole pleadings
2. On December 3, 2012, the Plaintiff’s alleged bankrupt C Deposit Insurance Corporation subrogated for KRW 27,646,052 to E on December 3, 2012, and the Plaintiff acquired the claim for reimbursement due to subrogation from the Korea Deposit Insurance Corporation on December 13, 2012, it asserts that the Defendant is liable to pay the amount of subrogation and delay damages to the Plaintiff in accordance with the joint and several surety agreement.
3. It is not sufficient to recognize the fact that the bankrupt bankruptcy trustee by subrogation of KRW 27,646,052 on December 3, 2012, solely with the descriptions of the board board sleep, and evidence to acknowledge otherwise.
Therefore, the bankruptcy trustee of the bankrupt C seeks the payment of the subrogated amount of this case against the defendant under the premise that the bankruptcy trustee subrogated to E.