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(영문) 부산지방법원 2020.08.20 2019가합51310
구상금
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant received a loan from C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”) in the process of purchasing medical devices around 2007, and the Plaintiff jointly and severally guaranteed each of the above loans.

B. Meanwhile, on November 28, 2008, the Defendant received a decision to commence rehabilitation procedures from Busan District Court as the Busan District Court 2008dan16, and the above court rendered a decision to authorize rehabilitation plans including the following matters on June 24, 2009.

Section VI: Other future right of indemnity

1. Where, after the commencement of rehabilitation procedures, a guarantor, a surety to secure another's property (including a third acquisitor of the secured property) for the debtor or any other third person has discharged the secured claims or rehabilitation creditors on his own account, he shall obtain a right to indemnity against the debtor; and

2. Anyone who claims the reimbursement of his/her right may exercise his/her right to indemnity only when any claim prior to the alteration of his/her right by any creditor is completed according to the rehabilitation procedures or without resorting to the rehabilitation procedures, and the debtor shall reimburse according to the ratio of the right to indemnity to the extent of the balance of any rehabilitation security right

SECTION E: Future Right of Reimbursement

1. Where, after the commencement of rehabilitation procedures, a guarantor, a surety to secure another's property (including a third acquisitor of the secured property) or any other third person has discharged the secured claims or rehabilitation creditors on his own account, he shall obtain a right to indemnity against the debtor; and

2. Anyone who claims the reimbursement of his/her right may exercise his/her right to indemnity only when any claim prior to the alteration of his/her right by any creditor is completed according to the rehabilitation procedures or without resorting to the rehabilitation procedures, and the debtor shall reimburse according to the ratio of the right to indemnity to the extent of the balance of any rehabilitation security right

SECTION 6. It shall not be reported.

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