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(영문) 춘천지방법원원주지원 2016.10.12 2016가단32253
구상금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. On February 16, 1998, the Plaintiff and the Defendant sought payment of KRW 30,00,000 for guaranteed amount, and the term of guarantee contract from February 16, 1998 to February 16, 200 for the term of guarantee contract, and entered into a credit guarantee contract with the Ministry of Agriculture, Forestry and Fisheries, Agricultural Cooperatives, and Credit Guarantee Section loans from the lending financial institution. On November 17, 2000, the Plaintiff paid KRW 31,003,126 to the financial institution. The Plaintiff asserted that the Defendant claimed payment against the Defendant for reimbursement of KRW 58,621,519 for the total amount of subrogated payment under the said credit guarantee contract, delay damages, attempted damages, and delay damages. The Defendant claimed that the Defendant was exempted from the liability for reimbursement in accordance with its decision to grant immunity from the court.

According to the statements in Eul evidence Nos. 1 through 3, the defendant is granted a decision of immunity on September 5, 2016 by the Chuncheon District Court 2016Haak25, 2016Ma225, and 2016Ma225, and the above decision of immunity becomes final and conclusive on September 21, 2016. Accordingly, according to the above, the defendant's obligation of reimbursement amount was exempted from its responsibility by the above decision of immunity and became a natural obligation.

As a result, the plaintiff's claim for indemnity against the defendant has lost the right and executory power of action which has ordinary claims, the lawsuit of this case does not have the benefit of protecting the right.

2. In conclusion, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.

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