beta
Text
1. The part concerning Defendant B and D among the instant lawsuit is dismissed.
2. Defendant A and C jointly and severally with Defendant B and D, 672,065.
Reasons
1. Basic facts
(a) The reasons for the claim are as shown in the annex;
B. Defendant B was declared bankrupt on November 17, 2016 and the attorney-at-law was appointed as bankruptcy trustee.
(Seoul Central District Court 2016Hadan100917). (c)
Defendant D was declared bankrupt on January 12, 2017 and attorney E was appointed as bankruptcy trustee.
(Seoul Central District Court 2016Hadan100975). (Reasons for Recognition) The fact that there is no dispute, each entry of Gap evidence 1 through 5, and the purport of the whole pleadings.
2. Determination on Defendant B and D
A. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), any property claim that accrues before the debtor is declared bankrupt is a bankruptcy claim (Article 423); any bankruptcy claim shall not be exercised without resorting to bankruptcy procedures (Article 424); and any bankruptcy creditor shall file a report on his/her bankruptcy claim within the period set by the court.
(Article 447). The court shall conduct an inspection on the reported bankruptcy claims and enter the result in the table of bankruptcy creditors in the table of bankruptcy creditors (Article 459), and, if any objection is raised in the inspection of bankruptcy claims, determine the existence and contents of the bankruptcy claims through the final inspection judgment (Article 462), and any person dissatisfied therewith may raise an objection thereto.
(Article 463). (b)
As the instant complaint was served on January 16, 2017 on Defendant B and served on January 17, 2017 on Defendant D, it is apparent in the record that it was served on January 17, 2017, the said Defendants were declared bankrupt prior to the continuation of the lawsuit.
C. Since the Plaintiff’s claim for indemnity against Defendant B and D is a property claim arising from a cause arising before the declaration of bankruptcy, it is unlawful to exercise its right only through bankruptcy proceedings, and to bring an action for direct performance against the said Defendants.
3. According to the above facts of recognition as to Defendant A and C, Defendant A and C jointly and severally with Defendant B and D for KRW 672,065,733 and KRW 659,065,00 among them, and KRW 659,000 among them.