logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.09 2017가단5066165
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) C Co., Ltd. (hereinafter “C”).

D Co., Ltd. (hereinafter “D”) around October 2, 1997

A) Between the B/L and the B/L transaction ceiling was set at KRW 10 billion, and the Defendant entered into a bill transaction agreement, and the Defendant is a joint and several surety (hereinafter “instant joint and several surety agreement”).

(2) Around September 28, 2000, the Changwon District Court (2000Ha8) was declared bankrupt as to D and the bankruptcy was terminated around February 28, 2005.

On the other hand, C was declared bankrupt on September 30, 1998 and the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.

3) E Limited Liability Company holding Promissory Notes, etc. issued by D (hereinafter “E”)

(4) On December 3, 2012, the Korea Deposit Insurance Corporation of the bankrupt reported a bankruptcy claim against C in the bankruptcy proceeding, and rendered a final and conclusive judgment that “E has a bankruptcy claim of KRW 12,988,556,324 against C who is liable to guarantee a bill” in the Changwon District Court 202Ga2096 in the bankruptcy claim confirmation case.

5) On December 13, 2012, the Plaintiff acquired the claim for reimbursement due to the said subrogation from the Korea Deposit Insurance Corporation. [The grounds for recognition] the evidence Nos. 1 through 8 (including the serial number), and the purport of the entire pleadings.

B. According to the above facts, barring any special circumstance, the defendant is obligated to pay the subrogated amount and delay damages to the plaintiff according to the joint and several guarantee agreement of this case, as stated in the claim.

2. Judgment on the defendant's assertion

A. The Defendant asserts to the effect that “the five-year extinctive prescription for the instant joint and several surety claim against the Defendant has expired”.

In this case, the extinctive prescription of a joint and several surety claim under the joint and several surety agreement of this case is to be re-calculated from February 28, 2005 when the bankruptcy procedure for D has been completed.

arrow