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(영문) 서울중앙지방법원 2018.04.13 2016가단5253221
구상금
Text

1. The plaintiff's action against the defendant A shall be dismissed.

2. Defendant B Co., Ltd.: KRW 91,873,203 and KRW 91.

Reasons

1. Basic facts

A. On March 6, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A (the representative of a private enterprise C) and Defendant A with the Bank Co., Ltd. as of March 6, 2012, with the guaranteed amount of KRW 90,000,000, and the guaranteed term of March 6, 2014.

B. Under a credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Plaintiff and the Defendant A agreed to pay all ancillary obligations to the Plaintiff, including the amount of subrogation, damages, additional guarantee fees, and legal procedure costs.

C. The occurrence of a guarantee accident in which Defendant A failed to repay the loan, and the Plaintiff repaid the loan amount of KRW 91,870,086 on October 31, 2013, and partly repaid the remainder of KRW 91,873,166, and the damages amount of KRW 37.

(hereinafter 91,873,166 won and 37 won are added to the Plaintiff’s claim against Defendant A against the Defendant (hereinafter “instant claim for reimbursement”).

The agreed delay damages rate for the claim for indemnity of this case under the credit guarantee agreement shall be 14% per annum from December 2, 2010 to May 31, 2015, and the following day shall be 12% per annum.

[Grounds for Recognition] No dispute

2. According to the purport of the evidence No. 1-1 and No. 2-2 of the claim against Defendant A and the entire pleadings, Defendant A may be acknowledged as having applied for bankruptcy or exemption under the Incheon District Court Decision 2013Hadan4939, 2013Hadan4935, Sept. 11, 2013, which was declared bankrupt on January 14, 2014, which was confirmed around the time when immunity was granted on July 23, 2014, and the fact that the claim for reimbursement of this case was entered in the creditor’s list in the bankruptcy proceeding.

Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “The debtor shall be entitled to any property claim arising before the declaration of bankruptcy is declared bankrupt, and Article 566 of the Act provides that “the debtor so exempted shall be exempted from all liability for all obligations to the bankruptcy creditors except dividends arising from the bankruptcy procedures.” Thus, the bankruptcy claim shall be exempted unless it falls under any subparagraph of the proviso of Article 566 of the Act.

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