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(영문) 수원지방법원 2015.10.15 2015가단41974
구상금(시효연장)
Text

1. The Defendant shall pay to the Plaintiff KRW 54,947,420 as well as 20% per annum from August 1, 2015 to the day of full payment.

Reasons

1. The parties' assertion that the plaintiff entered into a contract of fidelity guarantee with the non-party teaching right company (hereinafter "inter-party teaching right") as the defendant. The defendant's insurance accident causing damage to the labor union of the Korea Housing and Commercial Bank by arbitrarily using the deposit without the consent of the labor union of the Korea Housing and Commercial Bank while working as the head of the non-party teaching right B branch of the Korea Housing and Commercial Bank, resulting in an insurance accident causing damage to the union of the Korea Housing and Commercial Bank, and the plaintiff paid 60 million won insurance money under the fidelity Guarantee Insurance Contract to the right of the principal. Thus, pursuant to Article 682 of the Commercial Act, the defendant shall pay to the plaintiff the remainder after deducting the amount paid by the defendant voluntarily by the defendant out of the above insurance money 60 million won.

In this regard, the defendant asserts that the lawsuit of this case is unlawful since he is granted a decision to grant bankruptcy immunity.

2. Bankruptcy claims as to the defense prior to the merits are extinguished upon the confirmation of exemption from liability to the bankrupt pursuant to Article 349 of the former Bankruptcy Act (repealed by Article 2 of the Addenda to the Debtor Rehabilitation and Bankruptcy Act, Act No. 7428, Mar. 31, 2005; hereinafter “former Bankruptcy Act”). In full view of the arguments in the evidence Nos. 1 and 2, the defendant may be acknowledged as immunity upon the confirmation of exemption from liability to the bankrupt under Article 349 of the former Bankruptcy Act, and upon the same day, the right to file a lawsuit and executive force of ordinary claims are lost. In full view of the arguments in the evidence Nos. 1 and 2, the defendant may be acknowledged as immunity upon the confirmation of exemption from liability by the court of Seoul Central District Court on May 20, 2015 (see Article 545(1) and 10(1) of the Debtor Rehabilitation and Bankruptcy Act, which are deemed insufficient to cover expenses incurred in bankruptcy proceedings with the bankruptcy estate at the same time).

However, Article 349 (proviso)3 of the former Bankruptcy Act is applicable.

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