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(영문) 서울중앙지방법원 2020.01.09 2019가합530945

의사표시의 진술을 구하는 소

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As of March 20, 2017, F Co., Ltd. (hereinafter “F”) and G Co., Ltd. (hereinafter “G”) assumed each of the obligations against B (hereinafter “B”) as indicated in the following table.

The debtor's loan account number of 205,10,00,000, 200, 510, 510, 610, 610, 600, 241, 241, 6626, 260, 370, 97636, 748, 7868, 647, 768, 768, 7468, 768, 167, 748, 768, 768, 147, 7468, 757, 768, 7468, 167, 7468, 167, 757, 768, 7468, 167, 1675, 797, 769, 769, 797, 779, 765, 797

B. The Plaintiff jointly and severally guaranteed each of the above loans to F and G B.

C. In order for F and G to fail to repay each of the above loans, the Korea Deposit Insurance Corporation in bankruptcy in Defendant B (hereinafter “Defendant Bankruptcy Foundation”) filed a lawsuit against F, G, Plaintiff, etc. for the payment of each of the above loans or the performance of the joint and several liability obligations.

(Seoul Central District Court 2016Gahap560648 and 2016Gadan5267381, hereinafter referred to as "each lawsuit of this case"). D.

The Defendant Bankruptcy Foundation purchased the Plaintiff on March 20, 2017 under the name of the Plaintiff, ① the Plaintiff’s representative liquidator and the status of “Plaintiff himself” in each of the instant lawsuits, and ② the name of C Company F and G, a subsidiary of Cambodia (hereinafter “C”) and D Company (hereinafter “D”) and the Defendant Bankruptcy Foundation.