The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. In around 2010, the Plaintiff entered into a contract for the guarantee of identity (hereinafter “instant guarantee insurance contract”) with D Co., Ltd. (hereinafter “D”), and the Defendant, in order to secure damages and losses inflicted upon D by engaging in larceny, robbery, fraud, embezzlement, or breach of trust. From July 1, 2010 to June 30, 201, the insurance period was from July 1, 201 to June 30, 201.

B. On March 15, 2012, D demanded that the Plaintiff pay KRW 100 million of the insurance money to the Plaintiff, as the Defendant committed an act prohibiting unsound business conduct (illegal discretionary sale) around October 2010, thereby causing damage to D.

Accordingly, on April 10, 2012, the Plaintiff paid insurance money of KRW 100 million to D.

C. Meanwhile, the Defendant filed an application for individual rehabilitation (Seoul Rehabilitation Court 2012 Congress 575) around April 2012, and received a decision to authorize the repayment plan on September 10, 2012, and rendered a decision to grant immunity on July 25, 2017 (hereinafter “instant decision to grant immunity”).

In the list of creditors of the above individual rehabilitation case, the claims of the plaintiff against the defendant are stated as rehabilitation claims.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 19, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. Although the purport of the Plaintiff’s assertion was that the Defendant was granted immunity on the Plaintiff’s claim for reimbursement against the Defendant, the above claim for reimbursement is a claim for damages caused by a tort committed by an obligor, and thus, is a non-exempt claim under Article 625(2)4 of the Debtor Rehabilitation and Bankruptcy Act.

Therefore, the defendant shall pay the indemnity to the plaintiff.

B. Article 625(2)4 of the Debtor Rehabilitation and Bankruptcy Act provides that liability for damages caused by a tort by an obligor shall not be exempted.

On the other hand, Article 682 of the Commercial Act provides that the insurer who pays the insured amount if the damage was caused by the act of a third party.