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(영문) 광주지방법원 2018.04.03 2017가단29021
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 11, 2005, the defendant filed a lawsuit against the plaintiff for the claim for indemnity amount under the court 2005Da32123 on the ground of the fact that "the defendant entered into a credit guarantee agreement with the plaintiff on November 19, 2003 under the joint and several surety B and C, and the plaintiff was unable to obtain a loan from the Gwangju bank under the above credit guarantee agreement, and the defendant was subrogated for the loan, and thus the defendant did not pay the loan amount at the same time, and thus the plaintiff paid the loan amount by subrogation." On August 25, 2005, the above court accepted the claim for indemnity amount under the court 2005Da32123 on the ground that "the plaintiff is claiming for indemnity amount, interest, and delay damages." On August 25, 2005, the above court accepted the defendant's claim for indemnity amounting to 30,208,825 won and damages for delay on the principal amount paid by the plaintiff jointly with the co-defendant in the above case, and the plaintiff's claim as above.

(2) On May 2015, the Defendant applied for a payment order claiming the amount of indemnity under the instant court’s 2015 tea7631 based on the cause of the claim for the instant claim for reimbursement, and the said court issued a payment order accepting the Defendant’s claim in full, and the said order was finalized on June 26, 2015.

(hereinafter “instant payment order”). B.

On June 27, 2005, the decision to grant immunity to the Plaintiff was rendered and the decision to grant immunity became final and conclusive on November 10, 2005 by filing an application to grant immunity (hereinafter “instant application to grant immunity”) with the Gwangju District Court 2005Ra180 on June 27, 2005, after having been declared bankrupt around May 2005.

However, at the time of the application for immunity, the Plaintiff did not enter the Defendant’s claim for indemnity against the Plaintiff in the creditor list, and did not supplement the above claim in the creditor list even until the immunity decision becomes final and conclusive.

[Ground of recognition] There is no dispute.

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