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(영문) 대전지방법원 2019.11.07 2019가합100824
면책확인
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was granted exemption from liability under the Debtor Rehabilitation and Bankruptcy Act on December 11, 2015 after having been declared bankrupt in around 2015 (see Daejeon District Court Decision 2015Da2535, No. 2535, and No. 1, No. 2015). 2) The Plaintiff, at the time of filing the application for bankruptcy, did not enter the amount of indemnity equivalent to the amount of subrogation for the Korea Technology Finance Corporation acquired by the Defendant Korea Asset Management Corporation (hereinafter “Defendant Corporation”) from the Korea Technology Finance Corporation (hereinafter “Defendant Corporation”), the amount of indemnity equivalent to the amount of subrogation for the Korea Technology Finance Corporation, and the amount of subrogation for the Defendant Credit Guarantee Fund (hereinafter “Defendant Fund”) equivalent to the amount of subrogation for the Korea Technology Finance Corporation, 69,852,158, 598, 41, 151, 298, 093, and 309.

B. The Plaintiff’s indemnity against the Defendant Corporation ( principal of KRW 180,501,696) 1) The Korea Technology Finance Corporation (Korea Technology Finance Corporation) is a stock company B (the representative director C(the Plaintiff’s penalty); hereinafter “B”).

[2] As between B and B, the Korea Technology Finance Corporation entered into a guarantee agreement between B and the financial company, etc. to guarantee the performance of the obligation of B with respect to the monetary obligation of B to be borne by the financial company, etc. by receiving money from the financial company, etc., and the Plaintiff jointly and severally guaranteed the Korea Technology Finance Corporation to perform the obligation under the said guarantee agreement (see, e.g., Defendant Corporation’s reply No. 26, Feb. 26, 2019). B failed to repay the loan to the above financial company, etc., and the Korea Technology Finance Corporation subrogated for KRW 180,501,696 on June 22, 2011 (see, e.g., evidence No. 3)

The defendant Corporation 3, after the decision of exemption from liability as of December 11, 2015, 2018. The defendant Corporation made the payment by subrogation from the plaintiff as to the plaintiff who was jointly and severally liable for the above guarantee agreement of the Korea Technology Finance Corporation to the defendant Corporation, and the payment by subrogation from the plaintiff.

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