구상금 등 청구의 소
1. Defendant A, C, D, and E shall jointly and severally become due and payable to the Plaintiff on the date indicated in the Schedule of Repayment.
1. The portion of the claim for reimbursement against the defendant A, D, C, and E
(a) The reasons for the claim are as shown in the annexed sheet.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings
B. Determination 1) The Plaintiff subrogated for the debt owed by the non-party company to a corporate bank in accordance with the credit guarantee agreement of this case. Defendant A, D, C, and E jointly and severally guaranteed the liability for indemnity owed by the non-party company to the Plaintiff. As seen earlier, the Defendants jointly and severally liable to claim the amount subrogated by the Plaintiff to the Plaintiff. 2) Accordingly, the Defendants asserted that the above Defendants’ joint and several liability liability owed by the above Defendants, a joint and several surety, was reduced to KRW 15,178,376, and interest 14,761 prior to the commencement of the rehabilitation plan.
Article 250(2) of the Debtor Rehabilitation and Bankruptcy Act provides that even if the obligations of the corporation which is the principal debtor are reduced or exempted according to the rehabilitation plan, it does not affect the guaranteed obligations of the joint and several surety.
However, Article 30-3 of the Credit Guarantee Fund Act provides that if a creditor is the Fund, if the principal obligation is reduced or exempted at the time when the approval for rehabilitation plan for a small and medium enterprise is obtained or immunity is granted after adjudication of bankruptcy, the joint and several liability shall also be reduced or exempted at the same rate. If the Credit Guarantee Fund is a creditor, if the principal obligation is reduced or exempted at the time when the approval for rehabilitation plan for a small and medium enterprise is obtained or immunity is granted after adjudication of bankruptcy, joint and several liability obligations shall also be invalidated.
In order to support the re-employment of debt entrepreneurs, if the debt of the rehabilitation promotion enterprise is reduced or exempted, the joint and several debt shall also be reduced or exempted.