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(영문) 서울중앙지방법원 2016.11.22 2016가단5132867

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 26,366,918 and KRW 2,651,762 from November 27, 2003 to May 9, 2006.

Reasons

1. The facts stated in the reasons for the claim in the separate sheet of the facts are recognized as either a dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1 and 2 (including paper numbers).

2. Defendant C asserted to the effect that the part of the claim against Defendant C among the instant lawsuit subject to a decision to grant a decision to grant a decision to grant a immunity and that there is no benefit in the lawsuit. As such, Defendant C’s decision to grant a immunity in the Suwon District Court 2015, 4018, 2015, 4018, 2015, and 4018 declared bankrupt on June 29, 2016, the fact that the said decision became final and conclusive around that time is added to the statement Nos. 1 and 3, but it is acknowledged that Defendant C did not enter the Plaintiff’s claim in the list of creditors at the time of filing an application for bankruptcy and immunity; Defendant C did not enter the Plaintiff’s claim in the above list of creditors at the time of filing an application for bankruptcy and immunity; Defendant C’s bankruptcy and exemption procedure at the meeting of creditors and hearing date of June 28, 2016; Defendant C did not directly become liable for the aforementioned decision to discontinue the bankruptcy and exemption procedure between the Plaintiff’s and creditors.

Meanwhile, Defendant C claims that the Plaintiff and the Korea Credit Guarantee Fund caused mistake in the course of preparing the list of creditors. As such, the term “claim that is not entered in the list of creditors in bad faith” under Article 566 subparag. 7 of the same Act means the list of creditors knowing the existence of the obligation against the bankruptcy creditor prior to the decision to grant immunity.