logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.05.26 2018가단209402
손해배상(기)
Text

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. The Plaintiff’s claim for reimbursement against Nonparty C 1) The Plaintiff incurred the Plaintiff’s claim for reimbursement against Nonparty D on August 31, 2012 (hereinafter “Nonindicted Company”).

(2) On August 30, 2013, upon entering into a credit guarantee agreement with the non-party company, the credit guarantee agreement with the coverage amount of 80,50,000,000 won, and the credit guarantee agreement with the coverage period of August 30, 2013 was issued to the non-party company. On the same day, C provided a joint and several guarantee for the obligations owed by the non-party company to the plaintiff in the future in accordance with the above credit guarantee agreement.

Accordingly, on September 10, 2013, the Plaintiff repaid the principal amount of KRW 79,848,009 to the lending financial institution on behalf of the non-party company (=the principal amount of KRW 79,075,346).

3. Meanwhile, the Plaintiff filed an application with the Seoul Western District Court for a payment order against Nonparty Company and C, etc. for a reimbursement order with the Seoul Western District Court 2017 tea14744. On March 10, 2017, the said court rendered a payment order to the effect that “C, etc. jointly and severally pay to the Plaintiff KRW 79,989,139 and delay damages,” and the said payment order order order was served by C on March 31, 2017 and finalized on April 15, 2017.

B. C’s decision on April 13, 2017 to deny C’s application for the exemption from individual bankruptcy and exemption was rendered by the Incheon District Court 2017Hadan1633, 2017, and 1631. On January 30, 2018, the above court: (a) before and after the debtor’s insolvency period for C, the Defendant B, the former spouse of C, acquired real estate after a divorce with the debtor, sold it to the debtor’s family; and (b) even though there were concealed circumstances such as the acquisition of real estate by the Defendant A, the mother of C, did not submit explanatory materials, etc. to the bankruptcy trustee.

"The decision not to grant immunity for reasons, etc." was made.

2. The gist of the plaintiff's assertion is the creditor against the non-party C, and the defendant A is the mother of the defendant C and the defendant B is the former part of C.

arrow