logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.10.30 2013가합33997
구상금 등 청구의 소
Text

1. All of the instant lawsuits are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Claim against the defendant A;

A. The Plaintiff sought reimbursement of KRW 105,578,796 of the amount of reimbursement subrogated and subrogated in accordance with the credit guarantee agreement with the Defendant A, and damages for delay thereof. In response, the Defendant A asserts that this part of the claim is unlawful as there is no benefit of lawsuit.

B. According to Articles 166, 167(1) and 168 of the Debtor Rehabilitation and Bankruptcy Act, if no objection is raised by any custodian, any rehabilitation creditor, any rehabilitation secured creditor, any shareholder or any equity right holder on the inspection date or on the special inspection date, the contents of the reported rehabilitation claim and the amount of voting rights are confirmed; and the junior administrative officer, etc. of a court shall enter the results of the inspection of rehabilitation claims and any rehabilitation security rights in the table of rehabilitation creditors and the rehabilitation secured creditor, and when any confirmed rehabilitation claims and any rehabilitation security right are entered in the table of rehabilitation creditors and the rehabilitation secured creditor list, the entry of such confirmed

In full view of the purport of the Plaintiff’s statement and the entire argument as indicated in the evidence Nos. 1 through 6, Defendant A applied for rehabilitation proceedings as of July 30, 2013 by Daejeon District Court 2013Ma22, and the above court rendered a decision to commence rehabilitation proceedings on September 3, 2013; Defendant A submitted a list of rehabilitation creditors covering the claim amount of KRW 105,578,796, which the Plaintiff claims in this case; the Plaintiff reported the claim amount of the indemnity claim as of September 2, 2013 as rehabilitation claims; Defendant A submitted a list of rehabilitation creditors covering the claim amount of KRW 107,940,765, which is the total amount of the claim amount of the indemnity claim as of January 8, 2014.

In light of the above facts, the plaintiff's claim for reimbursement was confirmed as it is, and thus, the rehabilitation procedure is conducted.

arrow