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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 5, 2009, the Plaintiff entered into a commission contract with the Defendant (formerly: New York Life Insurance Co., Ltd.) and was discharged from office on February 18, 2010.
B. Meanwhile, at the time of the above commissioning contract, the Plaintiff concluded a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”) by setting the guaranteed principal as the insured amount of KRW 69.5 million, setting the details of the guarantee as the guarantee payment for the Defendant’s debt.
C. As of December 2010, the Defendant received total amount of KRW 129,324,506 of the amount to be returned to the Plaintiff according to the above commissioning Contract and the Business Rules. However, the Defendant received 69,50,000 of the amount to be recovered from the Seoul Guarantee Insurance on behalf of the Defendant, and on November 30, 201, filed an application for payment order with the Seoul Central District Court for the remaining amount to be recovered under the Seoul Central District Court Decision 2011 tea9689.
However, as an order for payment was not served on the Plaintiff, it was submitted to the litigation proceedings as 2012da66813 and carried out by public notice. On June 18, 2012, the above court rendered a judgment that “the Plaintiff shall pay to the Defendant 59,824,506 won and interest calculated at the rate of 20% per annum from May 11, 2012 to the date of full payment” and the above judgment became final and conclusive around that time.
(hereinafter referred to as the “instant final judgment”). E.
On February 10, 2012, the Plaintiff: (a) declared bankrupt on November 29, 2012; (b) was granted immunity on February 19, 2013; and (c) was finalized on March 6, 2013 on the grounds that the exemption exemption was finalized on March 6, 2013.
(hereinafter referred to as the “instant immunity”). However, the Plaintiff did not enter the Defendant’s claim for recovery in the list of creditors.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 5, 6, Eul evidence 4-1, 2, Eul evidence 5, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff.