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(영문) 전주지방법원 2017.08.23 2017가단7417
구상금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant concluded a credit guarantee agreement with the Plaintiff, which is the managing agency of the Agricultural and Fishery Credit Guarantee Fund, and received 100 million won from the Jinan District Livestock Cooperative (hereinafter “Uin District Livestock Cooperative”) on December 31, 1998 under the Plaintiff’s credit guarantee, and received 100 million won from the non-Uinju Agricultural Cooperative (hereinafter “Uinju Agricultural Cooperative”) on November 7, 2000 (hereinafter “Uinju Agricultural Cooperative”), and did not repay each of the above principal and interest of loans after August 29, 206, and the Plaintiff did not repay each of the above principal and interest of loans after performing the guaranteed obligation, and paid 13,208,279 won to the Minjin Livestock Cooperative, the sum of KRW 104,614,051 won, KRW 137,238,308, Nov. 29, 2005.

B. According to each of the above credit guarantee agreements, the defendant shall pay guarantee fees, penalty, and administrative fine as determined by the plaintiff. When the plaintiff fulfilled the guaranteed obligation, the defendant shall reimburse the plaintiff for the amount of the guaranteed obligation, damages according to the ratio determined by the plaintiff after the date of the performance of the guaranteed obligation, and expenses incurred in preserving

Therefore, as of March 6, 2017, a claim arising from the subrogation of the principal and interest of a loan of this case as of March 1, 2017: KRW 13,208,279; KRW 19,182,762; KRW 19,182,762; KRW 683,264; KRW 565,517; KRW 33,639,822; and KRW 104,614,6051; KRW 161,501; KRW 161,501,931; KRW 38,820; KRW 26,154,820; and KRW 12% per annum determined by the Plaintiff.

(hereinafter “instant Claim Nos. 1 and 2”) in order. (c)

On February 27, 2012, the Defendant: (a) filed a bankruptcy and application for immunity with the Jeonju District Court 2012Hadan386, 2012Ha386; (b) was declared bankrupt on January 7, 2013; and (c) was granted immunity on February 4, 2013; and (d) became final and conclusive on February 20, 2013.

However, the defendant shall consult with the creditors' list on the reduction of growth.

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