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(영문) 서울중앙지방법원 2015.07.03 2014가합44661
구상금
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. On August 25, 2005, the representative director C, at the time of the Defendant’s representative director, concluded a collateral security agreement with the Plaintiff’s Intervenor (hereinafter “the instant collateral security agreement”) by setting the maximum debt amount as KRW 300 million with respect to the Plaintiff’s 2/3 portion of the land and its ground, Yongsan-gu Seoul, as to the Plaintiff’s 109, 201, and 202 shares out of the land and its ground, in order to secure the Defendant’s independent or joint debt, guarantee debt, bill and check debt, commercial transaction debt, etc. against the Intervenor.

B. On November 21, 201, rehabilitation procedures commenced against the Defendant.

On December 27, 2011, an intervenor reported the total amount of 10,923,137,841 won against the Defendant (i.e., 1,233,213,627 won (i.e., the contractual deposit claim 1,410,026,165 won as of Jan. 2, 2006, which was pending in the lawsuit, as of May 27, 2011, as rehabilitation claim, 8,095,24,448 won as of Aug. 31, 2011, and the Defendant’s administrator raised an objection to the total amount of the reported claim (hereinafter “instant reported claim”). The rehabilitation claim inspection was conducted by the Defendant’s custodian.

On July 13, 2012, the defendant's rehabilitation plan was approved.

C. On July 13, 2012, the Plaintiff subrogated for KRW 280 million among the Intervenor’s claims against the Defendant against the Intervenor.

On November 19, 2012, the Plaintiff reported the claim for reimbursement due to the subrogation as a rehabilitation claim, but was dismissed on the ground that “the Intervenor’s claim return overlaps with the Intervenor’s claim report and the period for reporting the obligation was exceeded.”

Around January 18, 2013, the Intervenor agreed with the Defendant’s custodian and the Defendant that “All claims and obligations between the Intervenor and the Defendant are renounced, and all lawsuits, including the final claim inspection judgment, currently pending in progress, are withdrawn, and the other party agrees thereto.”

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