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(영문) 서울중앙지방법원 2018.07.13 2017가단103076
청구이의의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On March 6, 2002, the Defendant entered into a credit guarantee agreement with the Plaintiff on March 6, 2002, setting the credit guarantee limit of KRW 30,00,000 and March 6, 2007 for the obligation that the Plaintiff would take out and incur from the National Agricultural Cooperative Federation.

On March 6, 2002, the Plaintiff borrowed KRW 30,000,000 from the National Agricultural Cooperative Federation.

The plaintiff did not pay the principal and interest of loan, and the defendant subrogated 22,317,475 won to the National Agricultural Cooperative Federation on November 27, 2004.

(B) A claim arising from subrogation by the Defendant (hereinafter “the claim for indemnity of this case”).

The defendant filed a claim against the plaintiff et al. for the amount of indemnity against the plaintiff et al. on December 2, 2009, the Seoul Central District Court sentenced the plaintiff et al. to the defendant jointly and severally with the defendant 22,020,413 won and 22,020,275 won per annum from November 17, 2004 to October 13, 2009, and 17% per annum from the next day to the day of full payment (hereinafter "the judgment of this case"), and the judgment became final and conclusive.

C. On March 23, 2012, the Plaintiff filed a bankruptcy and an application for immunity with the Incheon District Court 2012Hadan1592, 2012, and 1591, and “the Plaintiff exempted” was finalized on December 13, 2013 by the above court’s decision to grant immunity on November 28, 2013.

The Defendant filed an application with the Plaintiff for the seizure and collection order against the Plaintiff as the source of execution of the instant judgment, and filed an application with the Incheon District Court for the seizure and collection order of the claim, and the vice branch of the Incheon District Court issued the seizure and collection order of the claim on May 25, 2017.

E. At the time of the application for immunity of this case, the Plaintiff did not state the claim for indemnity or the claim for judgment in the list of creditors.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination as to the cause of action

A. Article 423 of the Debtor Rehabilitation Act provides that “A cause arises before the debtor is declared bankrupt.”

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