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(영문) 서울중앙지방법원 2019.08.21 2019나8404
면책확인
Text

1. The part concerning the conjunctive claim in the first instance judgment shall be revoked.

2. The defendant's assertion against the plaintiff.

Reasons

1. Basic facts

A. On May 29, 2008, C Co., Ltd. (hereinafter “Nonindicted Company”) entered into a loan transaction agreement with the Defendant (former Company D) for foreign currency certificate lending. At the time, the Plaintiff, as the representative director of the Nonparty Company, determined the maximum guarantee amount as KRW 290,00,000 with respect to the said loan lent by the Nonparty Company as a joint and several surety (hereinafter “joint and several surety obligation”).

B. On May 23, 2011, the Plaintiff filed an individual bankruptcy petition with the Seoul Central District Court (201Hadan5634) and filed an individual immunity under the Seoul Central District Court (201Hadan5634). After having been declared bankrupt on November 4, 201 by the said court, the Plaintiff was granted immunity on February 10, 201, and the said immunity immunity (hereinafter “instant immunity exemption”) became final and conclusive around that time.

However, the list of creditors submitted by the Plaintiff while applying for immunity of this case did not indicate the debt of this case as joint and several surety.

C. Meanwhile, as the non-party company was unable to partially repay the principal and interest under the above credit transaction agreement, the Defendant applied for a payment order against the non-party company and the Plaintiff on December 2, 2013, the Seoul Central District Court 2013 tea80830. The above court decided to refer the original copy, etc. of the payment order to the non-party company and the Plaintiff for legal proceedings. Accordingly, in the case No. 2014Ga72485, which was proceeding by service by public notice, on June 12, 2014, the following judgment (hereinafter “the final judgment of this case”) was rendered on July 17, 2014, and the above judgment became final and conclusive at that time.

Defendant:

A. The non-party company shall pay KRW 23,370,063 and KRW 1,124,506 to Japan respectively; among them, 17% per annum from November 4, 2013 to May 23, 2014 and 20% per annum from the following day to the date of full payment;

B. The plaintiff jointly and severally with the non-party company

The money stated in this subsection shall be paid within the scope of KRW 290,000.

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