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(영문) 서울중앙지방법원 2016.12.14 2016나46177
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

In light of the fact that Article 250 (2) 1 of the Debtor Rehabilitation and Bankruptcy Act provides that rehabilitation creditors shall not affect the rights of the debtor's guarantor for whom rehabilitation procedures commence, the defendants' assertion that, in light of the purport of the corporate rehabilitation system, the debtor of the guarantee insurance contract of this case, C, which is the principal debtor under the guarantee insurance contract of this case, pays in accordance with the repayment plan authorized in the rehabilitation procedures and is expected to convert into investment, shall not be deemed a legitimate ground for refusing the plaintiff's claim for the amount of indemnity until the implementation according to the above repayment plan is completed.

Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus cites it by the main text of Article 420 of the Civil Procedure Act.

Therefore, all of the plaintiff's claims shall be accepted on the ground of its reasoning, and the judgment of the court of first instance shall be just and the appeal by the defendants shall be dismissed as it is without merit. It is so decided as per Disposition.

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