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(영문) 의정부지방법원 2020.10.08 2020나200390
구상금
Text

The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The reasoning for this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the first instance, except for the appeal as follows. Thus, this part of the basic facts is cited by the main sentence of Article 420 of the Civil Procedure Act.

Under the second sentence of the judgment of the court of first instance, “A” is added to the respective entries and arguments in Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 5 (including each number number), and the purport of the whole pleadings. (b) The defendant in the second sentence No. 10, 11 of the judgment of first instance is granted immunity on June 23, 2016 at the District Court Decision 2014,3273, Jun. 23, 2016, which is after the judgment became final and conclusive; and “B” the defendant in the judgment was granted immunity to the defendant under Article 564 of the Debtor Rehabilitation and Bankruptcy Act on June 23, 2016 (including the District Court Decision 2014Da3270, Jun. 23, 2016). The above decision became final and conclusive on July 8, 2016.

"Ero-friendly".

2. The main text of Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the obligor who has obtained immunity shall be exempted from all liability to the bankruptcy creditors, except dividends pursuant to the bankruptcy procedures.

The exemption here means that the obligation itself continues to exist, but it is not possible to enforce the performance to the bankrupt debtor.

Therefore, when a decision to grant immunity to a debtor in bankruptcy becomes final and conclusive, the claim exempted shall lose the ability to file a lawsuit (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). The Plaintiff jointly discharged the Defendant, who is the jointly and severally liable debtor, from payment to C, which is the Plaintiff’s obligee. As such, when the jointly and severally liable Defendant, who is the jointly and severally liable debtor, is jointly and severally liable for the amount equivalent to the amount to be borne, the Plaintiff may exercise the right to claim reimbursement for the amount to be borne by the other jointly and severally liable.

(1) The right to indemnity referred to in paragraph (1) shall be discharged.

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