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(영문) 광주지방법원 2018.10.05 2018가단515260

구상금

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 27, 1996, the Defendant borrowed KRW 106,960,000 from the Hamyeong Livestock Cooperatives (hereinafter “Mamyeong Livestock Cooperatives”) as the Livestock Development Fund, and concluded a credit guarantee agreement with the Agricultural, Fisheries, and Fisheries Credit Guarantee Fund and submitted a credit guarantee agreement with the Agricultural, and Fisheries Credit Guarantee Fund.

B. The networkF has jointly and severally guaranteed the Defendant’s loans to the above World Trade Cooperative and the liability for reimbursement to the Agricultural, Fisheries, and Fisheries Credit Guarantee Fund.

C. The Agricultural, Fisheries and Fisheries Credit Guarantee Fund subrogated to the Defendant’s loan obligations to the Hammyeong Livestock Cooperative in accordance with the credit guarantee agreement with the Defendant, as the Defendant failed to repay its loan obligations to the Hamyeong Livestock Cooperative.

On September 1, 2005, the netF filed an application for individual rehabilitation with the Gwangju District Court 2005da14847 on September 1, 2005 by entering the obligation of joint and several liability reimbursement on the Agricultural, Fisheries, and Fisheries Credit Guarantee Fund in the list of creditors, and approved the repayment plan for five years from October 20, 2005 to September 20, 201 to pay the average of KRW 1,200,000 on February 17, 2006.

The netF, upon completion of the reimbursement to creditors and the decision of exemption on April 7, 2011, received the decision of exemption from liability. Of them, the amount repaid by the netF to the Agricultural, Fisheries and Fisheries Credit Guarantee Fund is KRW 44,492,638.

E. The networkF died on January 13, 2012, and Plaintiff B’s spouse, Plaintiff A, C, and D are children of the networkF.

F. Meanwhile, on April 21, 2006, the Defendant entered the net F’s obligation in the list of creditors and filed an application for immunity with the Gwangju District Court No. 2006Hadan1190 on April 21, 2006, and with the same court No. 1209 on 2006.

The defendant was declared bankrupt on August 4, 2006 and was decided to grant the immunity on November 23 of the same year.

[Ground of Recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1, 2, Gap evidence 6-1 through 4, Gap evidence 7, Eul evidence 8, Eul evidence 1, Eul evidence 2, Eul evidence 3-1 and Eul evidence 3-2, and the purport of the whole pleadings

2. The Plaintiffs are the joint and several sureties of the deceased F.