logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.12.12 2017가단517344
구상금
Text

1. As to KRW 1,392,749,912 among the Plaintiff and KRW 127,961,724 among the Plaintiff, the Defendant shall start from April 28, 2017, and KRW 1,261,04.

Reasons

Attached Form

There is no dispute between the parties that the defendant, a joint and several surety, like the cause of the application (However, the creditor is the plaintiff, the debtor is the defendant), is liable to pay the money stated in the order to the plaintiff.

In regard to this, the defendant argued to the effect that (the main debtor) B should be exempted or mitigated from the debt of the joint and several sureties when the repayment of the debt is made in accordance with the rehabilitation plan which is subsequently authorized on September 22, 2017 after the commencement of corporate rehabilitation was decided on May 2, 2017 and the rehabilitation plan was submitted on September 22, 2017. Thus, according to Article 37-3 of the Korea Technology Finance Corporation Act, "In the case of the Fund, notwithstanding Articles 250 (2), 567, and 625 (3) of the Debtor Rehabilitation and Bankruptcy Act, if the main debt is reduced or exempted at the time when the rehabilitation plan is approved and the rehabilitation plan is declared bankrupt, joint and several sureties debt shall also be reduced or exempted at the same rate." Thus, the defendant's assertion on this premise is without merit.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

arrow