1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. A Co., Ltd. (hereinafter “Plaintiff”), regardless of whether before or after bankruptcy, submitted a letter of credit guarantee from the Korea Credit Guarantee Fund to the Defendant, and received loans from the Defendant respectively from the Defendant for KRW 100,000,000 on December 4, 2008 and KRW 70,000,000 on March 26, 2010.

(hereinafter “instant loan obligations”). (b)

On July 26, 2013, the Plaintiff failed to pay interest on the instant loan obligation. Accordingly, on August 1, 2013, the Defendant notified the Credit Guarantee Fund of the occurrence of a credit guarantee accident due to overdue interest, and filed a claim for the performance of the guaranteed obligation.

C. In the course of investigating a guarantee accident, the Korea Credit Guarantee Fund confirmed the Plaintiff’s representative director C’s petition for bankruptcy and report on discontinuation of business, and the bankruptcy petition by C and D. On September 5, 2013, the Korea Credit Guarantee Fund subrogated to the Defendant for the total amount of KRW 148,35,240 (=90,803,889 won, KRW 57,551,351).

Then, on November 8, 2013, Pyeongtaek-si transferred KRW 14,692,740 to the Plaintiff’s account opened in the Defendant bank (hereinafter “instant deposit”). On December 23, 2013, the Defendant used the Plaintiff’s remaining loan claims against the Plaintiff as the automatic bond, set-off on an equal amount with the instant deposit claim against the Defendant, and withdrawn the entire deposit amount, and appropriated it for repayment of the said loan claim.

(hereinafter “instant offset”) E.

On the other hand, the Plaintiff filed an application for bankruptcy with the Suwon District Court on July 31, 2013, reported the closure of business with the competent tax office on August 5, 2013, and was declared bankrupt by the said court on April 10, 2014.

[Reasons for Recognition] The non-contentious facts, Gap 1, 3 through 5 evidence, the court's inquiry results on the Credit Guarantee Fund of the first instance, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”)

According to Article 422 (2), a debtor is aware that a bankruptcy creditor has suspended payment or a petition for bankruptcy.