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The defendant shall pay to the plaintiff KRW 34,207,38 and KRW 10,207,338, among them, the year from August 28, 2013 to May 7, 2020.
Reasons
1. Basic facts
A. The debtor A (hereinafter “A”) established E Co., Ltd. (hereinafter “Nonindicted Company”) in around 1997 and operated the F agency. On September 30, 2013, the debtor discontinued the non-party company and closed the non-party company on September 30, 2013, which was borne by the non-party company as the representative director, led to the economic distress of the non-party company’s joint and several liability obligations
B. On February 28, 2019, Suwon District Court No. 2019Hadan614, 2019Kadan614, and 2019, A applied for bankruptcy and immunity. On September 25, 2019, the said court appointed the Plaintiff as the bankruptcy trustee upon declaring bankruptcy with A.
A’s list submitted at the time of the above bankruptcy and application for immunity includes the total amount of KRW 9,516,910,114 (= Principal KRW 5,880,271,187) of the Credit Guarantee Fund’s claim for final indemnity (the non-party company as the guarantor) as the remaining amount of credit.
C. On August 27, 2013, A changed the name of the contractor and the insured of H insurance (hereinafter “instant insurance”) entered into with G Co., Ltd. (hereinafter “G”) as the insured on the part of himself/herself as the insured, into the name of the policyholder and the insured. On the same day, the Defendant received KRW 80,000 from G as the mid-term refund.
Afterward, the Defendant, while paying the insurance premium, terminated the instant insurance contract as of February 7, 2018 and received KRW 11,038,935 as the termination refund, and the expected termination refund as of August 27, 2013 is KRW 2,117,338.
1) On August 10, 2017, Suwon District Court Decision 2017TTY 2017TY 110272, A, based on the executory exemplification of the loan payment order (the claimed amount KRW 26,726,639) against the I Bank of Korea based on an executory exemplification of the loan payment order in Suwon District Court Decision 2017TY 2017TY 2017TY 2017.
2) On August 21, 2017, A received the claim amounting to KRW 26,726,639 in accordance with the instant collection order, with its own corporate bank account (J, hereinafter “instant account”).