(영문) 수원지방법원 2015.12.15 2015가단119259

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(영문) 수원지방법원 2015.12.15 2015가단119259

구상금

Text

1. The Defendant: 20% per annum from May 21, 2003 to July 1, 2004 to KRW 56,155,821 among the Plaintiff and KRW 45,541,007 among the Plaintiff.

Reasons

1. Basic facts

A. (1) On July 8, 200, the Plaintiff entered into a credit guarantee agreement between the Defendant and the Industrial Bank of Korea with the term of July 8, 2000, regarding the principal of the credit guarantee and the term of the guarantee until July 8, 2003. The Plaintiff paid KRW 51,788,116 to the Industrial Bank of Korea on May 20, 203 in accordance with the said credit guarantee agreement.

(2) On August 10, 2005, the Plaintiff filed a lawsuit against the Defendant for reimbursement with the Seoul Central District Court 2005Kadan67535, and was sentenced by the above court on August 10, 2005, “The Defendant shall pay to the Plaintiff 52,070,316 won and 51,78,116 won among them, 20% per annum from May 2003 to July 1, 2004, 15% per annum from July 22, 2004 to May 29, 2005, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”). The above judgment became final and conclusive on September 9, 2005.

(3) After collecting some money from the Defendant’s property after the judgment of this case, the Plaintiff appropriated it to the principal of the judgment of this case, thereby serving as KRW 45,541,07. The amount of the principal of the judgment of this case was KRW 9,353,310, the balance of the claim preservation expenses due to compulsory execution, etc., and KRW 1,239,024, and the administrative fine for the attempted guarantee fee was KRW 22,480.

B. (1) On January 8, 2010, the Defendant was declared bankrupt on the Seoul Central District Court 2009Hadan8194, 2009Hah, 8194, and 8194. On June 22, 2010, the Defendant received the decision to grant the exemption. The said decision to grant the exemption became final and conclusive on July 7, 2010.

(2) However, the Defendant’s bankruptcy and application for immunity was omitted in the Plaintiff’s claim against the Defendant in the list of creditors.

Grounds for recognition: A1-4 (including various numbers for each number), the whole purport of the pleading.

2. Determination

A. According to the above facts, the defendant's 56,155,821 won (=45,541,007 won) and 1,239,024 won (22,480 won) and 45,541,07 won among them.

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