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(영문) 서울중앙지방법원 2019.01.23 2018가단5168785

면책확인

Text

1. The plaintiff's primary claim shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On May 29, 2008, when the Plaintiff was in office as the representative director of Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), on May 29, 2008, when the Nonparty Co., Ltd. entered into a loan transaction agreement with the Defendant for foreign currency certificate lending from the Defendant, the Plaintiff jointly and severally provided joint and several sureties (hereinafter “joint and several sureties”).

B. Meanwhile, on May 23, 2011, the Plaintiff filed a petition for individual bankruptcy and immunity with the Seoul Central District Court (201Hadan5634), and the Plaintiff was declared bankrupt on November 4, 201, and was granted immunity on February 10, 2012 (hereinafter “instant immunity exemption”). The Plaintiff did not enter matters concerning the said joint and several liability in the bond list.

C. After that, as the non-party company was unable to partially repay the principal and interest under the above credit transaction agreement, on December 2, 2013, the Defendant filed an application for payment order with the Seoul Central District Court No. 2013 tea80830, and the non-party company and the Plaintiff were not served on the non-party company and the Plaintiff, thus making a decision to refer to the lawsuit. Accordingly, the lawsuit was initiated under the 2014da72485, and the lawsuit was concluded on June 12, 2014, and on July 17, 2014, the judgment below (hereinafter “final decision”), which became final and conclusive at that time.

Defendant:

A. The non-party company shall pay KRW 23,370,063 and KRW 1,124,506 to Japan respectively; among them, 17% per annum from November 4, 2013 to May 23, 2014 and 20% per annum from the following day to the date of full payment;

B. The plaintiff is jointly and severally with the non-party company.

The money set forth in the subsection shall be paid within the scope of KRW 290,000,000.

【Ground of recognition-based dispute】 The purport of the whole pleadings written in Gap evidence 1 through 4 (including branch numbers in the case of additional number)

2. As to the main claim

A. The plaintiff is maliciously liable to grant the decision of immunity of this case to the plaintiff.