beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From August 14, 2006 to May 15, 2013, the Plaintiff entered into a credit guarantee agreement with the Defendant on the guarantee of the Defendant’s obligations for loans to the Defendant Nonghyup Bank Co., Ltd. (hereinafter “CF”) and Gyeongnam Bank Co., Ltd. (hereinafter “Seoul Bank”).
B. Under the credit guarantee agreement with the Plaintiff, the Defendant borrowed KRW 150,000,000 from the Nonghyup Bank from August 16, 2006 to May 30, 2013, and KRW 280,000,000 from the Gyeongnam Bank.
C. However, from May 18, 2015, the Defendant delayed the payment of loans to the above banks. Accordingly, from July 20, 2015 to July 27, 2015, the Plaintiff subrogated to the Nonghyup Bank for KRW 126,342,289, and KRW 254,524,004, totaling KRW 254,86,293.
Since then, the defendant repaid 896,460 won out of the subrogated amount, and added the final delay damages under each credit guarantee agreement as above, and thus the defendant has to pay the amount to the plaintiff 379,971,306 won.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, 8, and 9 (including virtual numbers), the purport of the whole pleadings
2. The plaintiff's assertion asserts that the defendant is liable to pay the amount of KRW 379,971,306 to the plaintiff, since he subrogated for the defendant's obligations for loans to the defendant's Nonghyup Bank and Gyeongnam Bank in accordance with the credit guarantee agreement with the defendant.
3. Whether the lawsuit of this case is legitimate
(a) Where the bankruptcy procedures for a corporation are terminated due to the termination of a bankruptcy or discontinuation of a bankruptcy, etc., active assets owned by the corporation remain, and the corporation's legal personality shall be extinguished unless there are special circumstances, such as where it is necessary
(See Supreme Court Decision 89Meu2483 delivered on November 24, 1989). B.
On July 20, 2015, the Defendant was declared bankrupt by Changwon District Court 2015Hau1003, and the bankruptcy procedure was in progress. However, on November 23, 2015, the Defendant’s lack of expenses from the said court.