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(영문) 대전지방법원 2020.04.22 2019가단6307

구상금

Text

1. The Plaintiff:

A. Defendant B’s KRW 136,170,50 and as to this, 5% per annum from June 23, 2018 to June 18, 2019.

Reasons

1. The grounds for the claim are as shown in the annexed sheet of grounds for the claim.

2. Judgment by public notice on determination on Defendant B: Article 208(3)3 of the Civil Procedure Act

3. Judgment on deemed confessions made against Defendant D, E, or F: Articles 208(3)2 and 150(3) of the Civil Procedure Act

4. Determination as to Defendant C

(a) Recognition of facts causing a claim: The fact that no dispute exists;

B. According to Gap evidence Nos. 11 and Eul evidence Nos. 1 through 5, Defendant C applied for individual rehabilitation as of August 8, 2006 by Daejeon District Court 2006da21325, and the above court rendered a decision to commence individual rehabilitation procedure on October 13, 2006, and the list of creditors included G (State)’s claim for indemnity. Defendant C may recognize the fact that it was granted a decision to grant immunity on October 10, 201 on the ground that the repayment was completed according to the repayment plan as of October 10, 201. (2) As above, Defendant C was exempted from liability for indemnity against Defendant C (State) as joint and several surety, and thus, Defendant C’s claim on the premise that the existence of Defendant C’s claim for indemnity exists is no longer reasonable (which is difficult to accept the Plaintiff’s assertion contrary to this Opinion).

5. The plaintiff's claim against the defendant B, D, E, and F is accepted for all reasons. The claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.