구상금
The defendant's KRW 81,716,01 and KRW 81,609,491 among the plaintiff and its members shall be 8% per annum from August 21, 2020 to September 15, 2020.
The indication of claim: as indicated in the grounds for the judgment on deeming confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act), the Defendant submitted a written decision on the abolition of the bankruptcy of C, a principal debtor, after the closure of the pleadings in the instant case. This is, notwithstanding Articles 30-3(2), 567, and 625(3) of the Credit Guarantee Fund Act, Article 30-3(2), 567, and 625(3) of the Debtor Rehabilitation and Bankruptcy Act, if the creditor is the Fund, the obligation of joint and several sureties shall also be mitigated or exempted at the time when the authorization for the rehabilitation plan is granted and when immunity is granted after the bankruptcy is granted.
Article 30-3 of the Credit Guarantee Fund Act provides for exceptions to the principles prescribed by the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), so it is reasonable to strictly interpret the requirements. ② The above provision provides that “When a corporate debtor becomes subject to reduction or exemption through a rehabilitation decision and immunity decision with respect to the debtor, it shall be subject to reduction or exemption through a rehabilitation decision and immunity decision with respect to the debtor” under the language and text of the Act, it cannot be presented as a case where a corporate debtor is subject to reduction or exemption without due to the absence of the exemption procedure. ③ The above provision provides that only exceptions are subject to Article 250(2) (in the case of a rehabilitation plan), Article 567 (3) (in the case of an individual bankruptcy exemption) and Article 625(3) (in the case of a corporate debtor’s bankruptcy exemption) of the Debtor Rehabilitation and Bankruptcy Act, and Article 548(2) of the Act concerning the case where the corporate debtor becomes extinct by a decision with respect to the termination or abolition of bankruptcy, the legal effect and the bankruptcy procedure of the corporate debtor.