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(영문) 청주지방법원 2016.06.15 2014가단151120 (1)
구상금 등 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. We examine ex officio the legality of the suit.

All property owned by the debtor at the time that the debtor is declared bankrupt belongs to the bankrupt estate (Article 382 of the Debtor Rehabilitation and Bankruptcy Act), and the right to manage and dispose thereof belongs to the bankruptcy trustee.

(Article 384 of the same Act). In addition, any property claim that accrues before the debtor is declared bankrupt is a bankruptcy claim (Article 423 of the same Act). Any bankruptcy claim may not be exercised without resorting to bankruptcy procedures.

(Article 424 of the same Act). On the other hand, a bankruptcy creditor shall report his claim during the reporting period set by the court (Article 447 of the same Act), may report his claim before the expiration of the last dividend exclusion period after the reporting period (Article 453 of the same Act), and when the bankruptcy trustee or the bankruptcy creditor raises an objection to the contents of the bankruptcy claim, the bankruptcy creditor shall file a final claim inspection judgment (Article 462 of the same Act)

According to the overall purport of the statements and arguments in Gap evidence Nos. 1 through 7 as to this case, the plaintiff entered into a credit guarantee agreement with A on February 25, 2010 with the credit guarantee principal of KRW 28,50,00,000, and the credit guarantee period from February 25, 2010 to February 24, 2011; Eul was granted a loan of KRW 30,000,000 at the National Agricultural Cooperative Federation's main logistics center in accordance with the above credit guarantee agreement; and the plaintiff caused a credit guarantee accident on November 11, 2013; the plaintiff paid a credit guarantee amount of KRW 29,03,613 by subrogation to the National Agricultural Cooperative Federation on February 5, 2014; Eul was not declared bankrupt as the date the bankruptcy procedure was terminated; and Eul was not yet declared as the date the bankruptcy administrator was declared as the date the bankruptcy procedure was terminated.

According to the above facts, the amount of indemnity equivalent to the amount of subrogation claimed by the plaintiff and the amount of damages for delay are bankruptcy claims that occurred before the bankruptcy is declared. This is limited to bankruptcy proceedings.

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