구상금
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
For the reasons indicated in its holding, the lower court recognized that the joint and several liability obligation for the instant indemnity obligation constitutes a company obligation prior to the division under Article 530-9(1) of the Commercial Act, and that the requirements for exclusion of joint and several liability with respect to the said joint and several liability obligation were not satisfied due to the failure of the corporation B at the time of the division to undergo individual peremptory procedures with respect to the Plaintiff, and determined that
Examining the relevant legal principles and records, the lower court’s recognition and determination are justifiable.
There is no error in the misapprehension of legal principles as to the scope of the company's liabilities before the division, the creditor protection procedure and the principle of good faith.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.