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(영문) 인천지방법원 2018.10.05 2018가단24096
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Incheon District Court Decision 2011Da109677 Decided February 1, 2012.

Reasons

1. After October 8, 2007 and May 23, 2008, between Defendant B and each financial institution, the Plaintiff entered into a credit guarantee agreement with respect to the principal and interest of a loan from a financial institution; the joint and several guarantee of indemnity obligations to be borne by the Defendant according to the respective credit guarantee agreement under the Plaintiff’s respective credit guarantee agreements; and each of the above credit guarantee agreements (joint and several suretys) obtained each loan from the Bank of Korea and the Namcheon Agricultural Cooperatives as security on May 16, 2011 from May 16, 201, the Incheon District Court filed an application for bankruptcy and exemption under the Incheon District Court Decision 2681, 201 if 2011, 2011, and was declared bankrupt on October 12, 2011. The decision on exemption was finalized on November 30, 2011.

In applying for bankruptcy and exemption, the Plaintiff entered the above joint and several liability obligations (the Defendant credit guarantee agreement) in the list of creditors, as well as the above joint and several liability obligations (the Defendant credit guarantee agreement).

B With respect to a credit guarantee accident, the interest and interest on each of the above loans extended by the Defendant, the amount of KRW 9,609,169 on July 27, 201, and KRW 14,558,717 on August 24, 2011, the above bank repaid each subrogated payment of KRW 14,558,717 on November 18, 201, and filed a lawsuit claiming reimbursement against the Plaintiff on November 18, 2011, Incheon District Court Decision 201Da109677 on February 1, 2012, and ordered the payment of damages for delay in full at KRW 24,167,781 and KRW 24,886 on February 16, 2012.

According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, a bankruptcy debtor who has been exempted from liability shall be exempted from all of the liabilities to the bankruptcy creditors, except for dividends under the bankruptcy procedures.

However, the decision to exempt the Plaintiff from liability becomes final and conclusive on December 15, 2011, and since the obligation for indemnity of this case occurred prior to the declaration of bankruptcy against the Plaintiff, the Plaintiff is not liable for paying the said obligation to the Defendant.

The decision of exemption from bankruptcy becomes final and conclusive, and even if the defendant has executive title (the above final and conclusive judgment) to the claim for indemnity of this case.

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