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(영문) 수원지방법원 2017.01.11 2016가단42967
면책확인
Text

1. 10,047,355 won as principal of the Plaintiff’s indemnity obligation against the Defendant and substitute payment, interest, etc. therefor;

Reasons

1. Indication of claim;

A. On September 14, 2010, the Defendant guaranteed the Plaintiff’s loans owed to the NHcheon-gun (Chapter), and repaid the Plaintiff’s above loans by subrogation of the Plaintiff.

B. The principal of the Defendant’s subrogation is KRW 18,743,275, including 10,047,355, substitute payment of KRW 386,240, damages, etc., and KRW 8,309,680.

C. The Plaintiff filed an application for bankruptcy and immunity with the Defendant omitted in the list of creditors (Seoul Central District Court Decision 2010Hadan9683, 2010 Ma9683, 2010 Ma9683), and was declared bankrupt on January 28, 201, and was granted immunity on September 14, 201, and the decision on immunity became final and conclusive on September 30, 201.

The defendant requires the plaintiff to perform his liability for indemnity.

E. Since the effect of the above decision on immunity is limited to the obligation of indemnity against the Defendant, it is confirmed that the Plaintiff’s principal amount 10,047,355 won and its substitute payment, interest, and delay damage liability against the Defendant were exempted.

2. Judgment made in the constructive confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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