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1. The plaintiff's bankruptcy debtor A's lawsuit against the defendant Eul shall be dismissed;
2. Defendant C.
Reasons
1. Facts of premise;
A. The Plaintiff and A’s each credit guarantee agreement and Defendant C’s joint and several sureties Co., Ltd. (hereinafter “stock company”) concluded each credit guarantee agreement between the Plaintiff and the Plaintiff in order to obtain each loan from the new bank and the corporate bank as listed in the following table, and Defendant C jointly and severally guaranteed the obligations of the Plaintiff under each credit guarantee agreement.
At the time of the conclusion of each credit guarantee agreement as above, A decided to repay the amount of subrogation and the amount of damages for delay, final damages, and charges for attempted breach of contract at the rate (12%) set by the Plaintiff (12%) set by the Plaintiff when the Plaintiff performed the guaranteed obligation on behalf of the Plaintiff on April 17, 2014 when the Plaintiff performed the guaranteed obligation on behalf of the Plaintiff on May 17, 2012.
B. On July 1, 2015, A, such as the occurrence of a credit guarantee accident and the Plaintiff’s subrogation, lost its interest by failing to pay the principal and interest of loans under the above loan agreement, and the Plaintiff subrogated for A’s obligations as shown below.
On September 15, 2015, the Plaintiff recovered KRW 1,246,290 from A to A on September 15, 2015 and appropriated the claim for reimbursement against the new bank on September 15, 2015, 234,00,000,722,849,722,849,849 on September 15, 2015, which added the interest on the principal of the loan to the new bank (the principal) by subrogation on the date of payment by the bank.
In addition, in relation to the above guarantee accident, 819 won for final and conclusive damages and 728,890 won for attempted penalty were generated to the Plaintiff.
C. A declaration of bankruptcy against A was filed with the Seoul Central District Court on August 28, 2015, and was declared bankrupt on September 14, 2015 by the above court 2015Hau10133, and the attorney B was appointed as a trustee in bankruptcy.
(hereinafter referred to as “Defendant Trustee in Bankruptcy”).