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(영문) 서울중앙지방법원 2015.07.07 2014가단5277124
구상금
Text

1. Of the instant lawsuit, the lawsuit against the Defendant B shall be dismissed.

2. Defendant A and C are jointly and severally liable to the Plaintiff.

Reasons

1. As to the determination on the legitimacy of the lawsuit against Defendant B, the Plaintiff asserted that Defendant B’s debt owed to the Plaintiff by Defendant A Co., Ltd. (hereinafter “Defendant Company”) was jointly and severally guaranteed as follows, Defendant B was granted immunity in the bankruptcy proceeding. As such, the lawsuit in this case is unlawful, and thus, the lawsuit in this case becomes final and conclusive, i.e., the right to property arising from the cause before the debtor is declared bankrupt, namely, the right to property arising from the cause before the debtor is declared bankrupt pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and the bankruptcy claim becomes final and conclusive, in principle, the right to file a lawsuit against the bankrupt is extinguished, and the ordinary right to claim is lost due to the natural obligation. In full view of the overall purport of the entries and arguments in subparagraph 1; Defendant B was declared bankrupt on November 21, 2014 by the Incheon District Court Decision 2014No3418, the Incheon District Court Decision 2014No3418.

According to the above facts of recognition, joint and several liability obligations of Defendant B against the Plaintiff were exempted from liability by the above immunity decision, and thus became naturally liable, and accordingly has lost the capacity and executive capacity of filing a lawsuit with ordinary claims, so the Plaintiff’s lawsuit against Defendant B is unlawful as there is no benefit of protection of rights.

2. Determination as to the Plaintiff’s claim against Defendant Company and C

A. Determination 1 on the cause of the claim is as indicated in the attached Form 1 of the facts of recognition (based on recognition). According to the above facts of recognition, the defendant company, and C jointly and severally with the plaintiff 106,148,195 won (i.e., total amount of subrogation, 102,348,808 won, 11,154 won, substitute payment, 3,78,233 won, 72,643, and 618 won, which are the balance of the amount of indemnity for the second loan among the plaintiff and the defendant company.

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