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(영문) 전주지방법원 2019.09.26 2019나701
구상금
Text

1. Revocation of the first instance judgment.

2. All of the instant lawsuits are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 3, 2008, the Plaintiff concluded a credit guarantee agreement with the Defendants on March 23, 2008, with the Jeonju District Court 2008Gaso21958, stating that “The Plaintiff, on March 23, 2002, entered into a credit guarantee agreement with the Defendant A (hereinafter “C”) to guarantee the Defendant A’s obligation to the Defendant Company C by setting the guarantee amount of KRW 18 million and the guarantee period of March 22, 2003, and the Defendant B jointly and severally guaranteed the Defendant A’s obligation to the Plaintiff under the said credit guarantee agreement. After that, the Defendant A’s obligation to the Defendant A was lost due to this natural body, and the Plaintiff, notified by C on February 25, 2003, filed a lawsuit claiming for reimbursement of the principal and interest of the Defendant A, claiming for reimbursement of KRW 18,388,356.”

On March 21, 2008, the above court decided to recommend performance that "the defendant jointly and severally pays to the plaintiff 18,398,706 won and 18,388,356 won per annum from April 7, 2003 to May 31, 2005; 15% per annum from the following day to the delivery date of a copy of the complaint; and 20% per annum from the next day to the full payment date." The above decision to recommend performance became final and conclusive on April 11, 2008.

B. Defendant A was declared bankrupt on June 28, 201 by the Jeonju District Court No. 201Hau1634, 2011, and 1634, and was granted immunity on November 19, 2012 after Defendant A was declared bankrupt on the grounds that, on November 24, 2012, the aforementioned immunity became final and conclusive on December 4, 201, and Defendant B was declared bankrupt on June 28, 201 and was granted immunity on October 31, 2012 after having been declared bankrupt and immunity on the grounds that, on October 24, 2012, Defendant B became final and conclusive on June 28, 2012.

(2) The Plaintiff’s claim for reimbursement against the Defendants (hereinafter “instant claim”) in each bankruptcy and exemption procedure is not indicated in the list of creditors.

C. The Plaintiff on March 14, 2018

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