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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Defendant A shall pay to the Plaintiff KRW 379,434,997 up to the limit of KRW 487,500,000.
Reasons
1. Facts of recognition;
A. 1) The Jeonbuk Bank Co., Ltd. (hereinafter “the instant loan”) established with C at the interest rate fixed in accordance with the Bank Credit Transactions Basic Terms and Conditions within the scope of 21% per annum (hereinafter “instant loan”) within the scope of 375,000,000 won of loans on November 26, 2004, repayment date May 26, 2005, interest rate base rate of 3.85%, and delay compensation rate of 21% per annum.
(2) On November 26, 2004, the Defendants entered into a trade agreement with the Jeonbuk Bank Co., Ltd. on a limited collateral guarantee agreement between C and Jeonbuk Bank, which covers the maximum guarantee limit of C’s loans of this case as KRW 487,500,000.
B. On June 27, 2008, 1) Jeonbuk Bank transferred the instant loan claim to the Plaintiff with respect to the Plaintiff, and around that time, notified C of the transfer of the relevant loan. 2) The principal and interest of the instant loan is KRW 132,139,610, interest and delay damages as of July 21, 2014; KRW 247,295,387, totaling KRW 379,434,997, and the interest rate for delay under the Loan Agreement remains 21% per annum after June 27, 2008.
C. Defendant B was granted immunity on April 21, 2010 in the Jeonju District Court Decision 2009Hadan1098, 2009Hado1099, and 109Hado1099, and the said decision became final and conclusive on May 11, 2010.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number), the purport of the whole pleadings
2. Whether the plaintiff's lawsuit against the defendant B is legitimate
A. According to the above facts, a claim to guarantee the principal and interest of loan of this case for which the plaintiff seeks payment against the defendant B constitutes a bankruptcy claim based on a property claim arising from a cause arising before bankruptcy is declared, and a bankruptcy claim becomes final and conclusive pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and the right to file a lawsuit and its executory power that have ordinary claims upon the extinguishment of its liability. Thus, a bankruptcy claim loses its ability