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(영문) 서울남부지방법원 2016.11.03 2016나56804
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Grounds for this court's instructions are stated by the court of first instance.

B. Paragraph 2) of the part of the first instance judgment, except for dismissal as follows, is identical to the grounds for the judgment of the first instance, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act. [2] We examine the Plaintiff’s claim against the Defendant Company B.

Attached Form

As seen in the cause of the claim, in accordance with the rehabilitation plan authorized in the Seoul Central District Court 2015 Ma100038 rehabilitation case, the non-party company (C) decided to convert the amount of KRW 550,800,000 out of the principal of the debt to the Plaintiff into equity investment in lieu of repayment in accordance with the rehabilitation plan authorized in the Seoul Central District Court 2015 Ma10038,000, the amount of

(See Supreme Court Decision 201Da70121 Decided January 23, 2014, etc.). However, the obligation owed by the Defendant to the non-party company’s obligation before division pursuant to Article 530-9(1) of the Commercial Act is quasi-joint and several liability (see, e.g., Supreme Court Decision 2009Da95769, Aug. 26, 2010). The grounds such as the repayment of the non-party company’s obligation to the non-party company, which achieved the purpose of the claim as above, are absolute effect against all the obligors. As such

2. If so, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed as it is without merit.

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