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1. Ascertainment that the Plaintiff’s claim for reimbursement against the Defendant amounted to KRW 13,280,788 and interest thereon, etc. have been discharged.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of pleadings as to Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 6, Eul evidence Nos. 10, and 13, the plaintiff guaranteed the plaintiff's obligation on July 6, 2010 by the defendant at the time of borrowing 10,000,000 won from the National Bank Co., Ltd., which the plaintiff failed to repay the above obligation, on September 20, 201, on behalf of the defendant on September 20, 201, he subrogated the defendant to the National Bank of Korea for the remainder of the loan amount of KRW 9,847,747; on June 7, 2011, Daegu District Court Decision 201Hau31, 31, 2011, and 3139; and on February 21, 2012, the defendant applied for exemption from the obligation to the plaintiff as the above claim for reimbursement of KRW 381,781,2870.
B. As to the judgment on the defendant's defense, the defendant did not state the defendant's claim for reimbursement against the plaintiff in the creditor's list in bad faith, and therefore, the above claim for reimbursement was not exempted.
In full view of the purport of the argument in Gap evidence No. 3, the plaintiff was found to have failed to enter the defendant's claim for reimbursement against the plaintiff, the guarantor, in the bankruptcy and exemption trial procedure, in the list of creditors, but it is acknowledged that the plaintiff knew of the existence of the claim for reimbursement of this case against the defendant, the bankruptcy creditor at the time when the decision of immunity was granted, but did not enter it intentionally or by negligence in the list of creditors. In other words, the plaintiff's obligation against the national bank, the principal obligation of the above claim for reimbursement of this case, was entered in the list of creditors.