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(영문) 서울중앙지방법원 2015.09.16 2015가단60441
구상금
Text

1. The Plaintiff:

A. As to the Defendant A and B’s joint and several KRW 414,241,854 and KRW 401,296,650 among them, Defendant A and B’s joint and several liability.

Reasons

1. The part of the claim against the defendant A, B, C, and E

(a) Indication of claims: To be as shown in the reasons for the claims;

B. Ground 1) Defendant A, B, or C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act): Defendant E: Judgment of deemed confession (Article 208(3)2 of the Civil Procedure Act)

2. The part of the claim against the defendant D

A. The plaintiff asserts that the plaintiff is obligated to pay the amount of indemnity pursuant to Article 448 of the Civil Code, since the defendant D is in the position of joint guarantor as shown in the attached claim cause.

In this regard, Defendant D asserts that the obligation of indemnity against the Plaintiff was exempted in accordance with the above exemption decision, since it was declared bankrupt and exemption decision by the court.

B. The fact that Defendant D received a decision of discharge from the Seoul Central District Court on October 28, 2014 (Seoul Central District Court 2014Da917) is recognized in full view of the purport of the entire pleadings.

Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that "the exempted debtor shall be exempted from all of his obligations to the bankruptcy creditors except for the distribution under the bankruptcy procedure." Thus, Defendant D’s indemnity obligation owed to the plaintiff was exempted according to the above exemption decision.

C. Thus, the plaintiff's claim against the defendant D is dismissed as it is without merit.

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