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(영문) 부산지방법원 2020.04.08 2019나66675
청구이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the plaintiff's statements concerning the additional arguments in the court of first instance as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article

2. Under the premise that B filed an application for individual rehabilitation with the U.S. District Court 2019da13623 and a decision to authorize a repayment plan of KRW 11,00,000,000 to all creditors including the Defendant in B, the Plaintiff asserts that the Plaintiff’s debt against the Defendant in Busan District Court 2018Kadan326461 (hereinafter “instant debt”) is repaid as the rehabilitation debt in the above individual rehabilitation procedure, and that the Plaintiff’s debt against the Defendant is extinguished if B repaid with the rehabilitation debt of KRW 11,00,000.

On the other hand, even according to the plaintiff's assertion, B is not granted immunity in the above individual rehabilitation procedure and its immunity is not final and conclusive, and Article 625 (3) of the Debtor Rehabilitation and Bankruptcy Act provides that "the immunity does not affect the rights held by individual rehabilitation creditors against the debtor's guarantor and other persons who bear obligations together with the debtor's obligations and the security provided for individual rehabilitation creditors." Since the plaintiff is deemed to be a person who bears obligations together with the above provisions, even if B is granted immunity in the above individual rehabilitation procedure, it does not affect the plaintiff's obligations against the defendant.

Therefore, the plaintiff's above assertion is without merit.

Although it is unclear whether the plaintiff claims the repayment of the amount corresponding to four times deposited in the rehabilitation foundation in the above individual rehabilitation procedure of B, even if the plaintiff claims the repayment of the above amount, the above four times of the deposit to the rehabilitation foundation is deposited in the rehabilitation foundation.

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