beta
(영문) 서울중앙지방법원 2019.06.13 2018나84876

구상금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows, with the exception of the following determination as to the allegations added by the Defendants in this court, and thus, it is consistent with the reasoning of the judgment of the court of first instance.

2. On July 20, 2016, the Defendants asserts that, notwithstanding Article 250(2) of the Debtor Rehabilitation and Bankruptcy Act, if the principal obligation of the non-party company is reduced or exempted according to the rehabilitation plan approval plan, joint and several surety obligation of the Defendants is also reduced or exempted at the same rate.

However, the plaintiff is only a credit guarantee foundation established under the Regional Credit Guarantee Foundation Act, but is not the Credit Guarantee Fund subject to the Credit Guarantee Fund Act, and thus, it cannot accept the defendants' claims on different premise.

2. In conclusion, the judgment of the court of first instance is just and dismissed as the defendants' appeal is groundless.