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(영문) 대전지방법원 2017.01.25 2016가단219935
구상금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 23, 2012, the Plaintiff issued a credit guarantee by issuing a guarantee certificate up to KRW 20 million with the guaranteed principal and up to March 22, 2013 in order to guarantee the principal and interest of the loan, when the Defendant and the Defendant obtain a loan of KRW 20 million from the Seosan Agricultural Cooperatives.

B. In providing the above credit guarantee, the Plaintiff agreed to pay the amount of subrogation, guarantee fee, provisional payment, and definite damages after the date of subrogation, and damages for delay when the Plaintiff performed the guaranteed obligation due to the Defendant’s failure to perform the guaranteed obligation at the above bank.

C. As a credit guarantee accident occurred due to the Defendant’s delinquency in the principal of the loan on March 23, 2013, the said bank notified the Plaintiff of the credit guarantee accident and claimed the repayment of the loan obligation, the Plaintiff subrogated the principal and interest of the loan amount of KRW 20,456,546 on August 8, 2013, and the additional guarantee fee of KRW 136,100 was incurred.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant, as the obligor for indemnity, is obligated to pay to the Plaintiff a total of KRW 20,592,646 in subrogation and additional guarantee fees, and damages for delay for the amount of KRW 20,456,546 in subrogation. 2) The Defendant’s bankruptcy and application for immunity has become final and conclusive after the Defendant rendered a bankruptcy and application for immunity to the Defendant’s court. The effect of immunity on the claim for indemnity indemnity has expired, and the Defendant is not obliged to pay the said indemnity to the Plaintiff.

B. 1) First of all, in light of the following: (a) the Defendant’s argument on the Defendant’s bankruptcy exemption; and (b) comprehensively based on the evidence and the overall purport of the pleadings, the Defendant filed an application for immunity with the Daejeon District Court 2014No75; and (c) the said court rendered a decision to grant immunity on August 5, 2014 and confirmed that the said decision to grant immunity became final and conclusive on August 20, 2014 (the Defendant filed a petition for bankruptcy with the Daejeon District Court 2014Hadan74).

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