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1. The Defendant’s decision against the Plaintiff is based on the Seoul Central District Court Decision 2014Da5247512 Decided November 27, 2014.
Reasons
1. Facts of recognition;
A. On October 25, 2013, the Plaintiff entered into an export credit guarantee agreement with the Defendant (hereinafter “instant credit guarantee agreement”) and received a loan from the Defendant C Bank through the Defendant’s credit guarantee. The Plaintiff jointly and severally guaranteed the Defendant’s obligation under the instant credit guarantee agreement.
B. On July 14, 2014, the Defendant subrogated to C Bank for a loan obligation under the credit guarantee of this case.
C. From September 1, 2014, the Defendant filed a lawsuit against B and the Plaintiff (Seoul Central District Court 2014Da5247512), to November 27, 2014, the Defendant paid interest, etc. for KRW 51,967,50 of the principal and interest of KRW 50,486,570 of the principal, jointly and severally with B, and the Plaintiff paid interest, etc. for KRW 51,967,50 of the principal and interest of KRW 50,570 of the principal, and ② revoke the sales contract concluded on June 5, 2014 with respect to the real estate owned by B (which was concluded by the Plaintiff as the representative of B) (the written complaint against the Plaintiff was filed through delivery to the Plaintiff’s spouse D). It was finalized on January 10, 2015.
On the other hand, on July 25, 2014, the Plaintiff filed an application for bankruptcy and exemption with the District Court Decision 2014Hau2087, 2014, 2014, 2087, and was declared bankrupt on October 22, 2015, and was granted a decision to grant immunity on July 6, 2016 (hereinafter “instant decision to grant immunity”). The instant decision to grant immunity became final and conclusive on July 27, 2016.
However, the list of creditors submitted by the Plaintiff at the time of the above application did not state claims based on the judgment of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the defendant's claims based on the judgment of this case against the plaintiff are arising from the property before the bankruptcy is declared.