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(영문) 서울중앙지방법원 2019.05.29 2018가합7769

구상금 청구의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On January 19, 2007, the Plaintiff created a right to collateral security (hereinafter “instant right to collateral security”) of KRW 256,000,000 in the name of C with respect to the Defendant’s debt against the Defendant Company C (hereinafter “C”) and the establishment of LC, on July 24, 2013, with respect to the Plaintiff’s debt against the Defendant Company C (hereinafter “C”).

B. On August 12, 2014, the Defendant filed an application for rehabilitation procedures with Seoul Central District Court 2014 Ma10087 (hereinafter “instant rehabilitation procedures”), and received a decision to grant authorization of the rehabilitation plan on March 11, 2015, and completed the instant rehabilitation procedures on July 10, 2015.

C. Under the rehabilitation procedure of this case, the Seoul Central District Court 2014da1547 determined that “the Plaintiff’s rehabilitation claim against the Defendant is KRW 1,01,280,000,” the Plaintiff provided as security the instant real estate in relation to C’s loans and LC establishment on January 19, 207. However, upon exercising the right to collateral security on the instant real estate, C’s implementation of the right to collateral security against the Defendant (hereinafter “instant claim for indemnity”). The said court stated “the Plaintiff’s rehabilitation claim against the Defendant is 640,845,434,466, which was already established, as well as 114,45,566, which was 30,00,000, the amount of the Plaintiff’s indemnity claim against the Defendant cannot be reflected in C’s indemnity inspection procedure, and thus, the amount of the Plaintiff’s indemnity claim as to C’s principal obligation cannot be reflected in C’s indemnity inspection procedure.