1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 18, 2015, the rehabilitation procedure commenced on May 18, 2015, and the rehabilitation procedure was abolished on October 4, 2016, and thereafter became bankrupt on November 4, 2016, and became the Defendant in bankruptcy.

B. On May 20, 2015, the Plaintiff guaranteed the payment guarantee for the goods payment liability for the goods to the East-ro World Trade Co., Ltd.

C. D Co., Ltd. filed a lawsuit claiming the purchase of goods (Seoul Central District Court 2016dada561377) against the debtor, manager B, and the plaintiff, and on July 1, 2016, the judgment was rendered that "the defendant jointly and severally pays to the plaintiff 17,658,300 won per annum from November 1, 2015 to the date of final delivery of the original copy of the instant judgment, and 6% per annum from the next day to the date of full payment, and 15% per annum from the next day to the date of full payment."

On July 27, 2016, the Plaintiff paid KRW 18,502,996 to KC Co., Ltd. based on the above judgment.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. Determination:

A. The Plaintiff, as a guarantor, obtained the claim for indemnity against the Eastro Corporation, a member of the company, by paying the above judgment amount to the KC, and such claim constitutes estate claims stipulated in Article 473 subparagraph 5 of the Debtor Rehabilitation and Bankruptcy Act, and filed a claim as stated in the purport of the claim.

B. Article 473 Subparag. 5 of the Debtor Rehabilitation and Bankruptcy Act provides that “The right to claim against the bankrupt estate after the declaration of bankruptcy due to office management or unjust enrichment” shall be deemed estate claims.

In judging which claim is estate claim, it shall be strictly interpreted in light of the fact that the estate claim has preferential rights compared to other claims, and it shall be limited to the time when the claim has been established in accordance with the provisions of the Civil Act concerning office management (Article 734) or unjust enrichment (Article 741).