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1. As to KRW 70,881,819 and KRW 21,720,00 among the Plaintiff, the Defendant against KRW 49,161,819 on December 11, 2014.
Reasons
1. Basic facts
A. On August 2013, the Plaintiff entered into an insurance contract for fidelity guarantee with the insurable value of KRW 200 million, with the content that the Plaintiff secured losses and losses incurred by the Nonparty Company due to the Nonparty Company’s occupational misconduct or gross negligence in handling business affairs, or the Defendant’s breach of fiduciary duty, employed as an employee of the Nonparty Company.
B. On October 27, 2014, the non-party company filed a lawsuit against the non-party company seeking compensation for damages arising from the defendant's voluntary purchase and sale of shares with the non-party company and E without the consent of the customers (B, C, and D) and filed a claim for the insurance money by the non-party company to pay a total of KRW 36,200,000 for damages to the customers. The plaintiff paid KRW 36,200,000 as insurance money on December 10, 2014, and the non-party company filed a lawsuit against the non-party company seeking compensation for damages arising from the defendant's voluntary purchase and sale of shares (Seoul Central District Court 2014Ga35049). After the non-party company implemented the agreement with the non-party company and E, the non-party company filed an application for the insurance money and paid KRW 36,200,000 to the non-party company.
C. Meanwhile, on September 17, 2014, the Defendant filed for bankruptcy and immunity with the Seoul Rehabilitation Court and filed for immunity on March 15, 2016.
(Seoul Rehabilitation Court 2014Han 9233, 2014, 9233). [Grounds for Recognition] The fact that there is no dispute, the entries in Gap evidence 1 through 12 and the purport of the whole pleadings.
2. Determination on the defense prior to the merits
A. The debtor who has been exempted from the discharge pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act is exempted from the responsibility for the whole of the obligations to the bankruptcy creditors except for the distribution under the bankruptcy procedure. According to the above basic facts and the purport of the whole argument, the defendant is confirmed to have been granted immunity and applied for the exemption.