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(영문) 광주지방법원 2019.02.20 2018나3904
구상금
Text

1. The part against Defendant B among the judgment of the court of first instance is revoked, and the plaintiff's lawsuit against Defendant B is dismissed.

2. Defendant.

Reasons

1. Facts of recognition;

A. On February 3, 2006, the deceased D (hereinafter “the deceased”) borrowed KRW 9 million from the E Union, and entered into a credit guarantee agreement with the Plaintiff (hereinafter “the instant credit guarantee agreement”). In accordance with the agreement, the Plaintiff agreed to pay the amount of the guaranteed obligation, damages and expenses in accordance with the interest rate determined by the Plaintiff from the date of subrogation, and the Defendants jointly and severally guaranteed the deceased’s liability for indemnity against the Plaintiff under the credit guarantee agreement of this case.

B. The Deceased did not repay the above loans, but died on April 20, 2006. On November 18, 2010, the Plaintiff subrogated for KRW 10,347,481, totaling KRW 9,000,000, interest rate of KRW 1,347,481.

As of March 14, 2011, the amount of indemnity payable to the Plaintiff by the Deceased as of March 14, 201 was KRW 10,347,481; KRW 446,50; KRW 446,50; KRW 98,310; and KRW 10,892,291. At that time, the rate of damages determined by the Plaintiff was 15 per annum.

(hereinafter referred to as “instant indemnity obligation”). C.

On October 19, 2011, Defendant B filed a bankruptcy and application for immunity with the Gwangju District Court No. 201Hadan3446, 2011, 3447.

On December 10, 2012, the above court rendered a decision to discontinue the bankruptcy and grant immunity (hereinafter referred to as “decision to grant immunity”), and on December 27, 2012, the decision to grant immunity of this case became final and conclusive.

The list of creditors submitted by Defendant B in the above bankruptcy and immunity procedure did not state the obligation of indemnity of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 4 and 5 (including paper numbers), the purport of the whole pleadings

2. Determination as to the legitimacy of the Plaintiff’s lawsuit against Defendant B

A. Defendant B’s assertion asserts that the decision was finalized upon the grant of the immunity of this case, and that the Plaintiff’s claim was omitted due to negligence at the time, and thus, Defendant B was also exempted from the reimbursement liability of this case.

(b) the debtor’s rehabilitation and determination;

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