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(영문) 부산지방법원 동부지원 2018.06.27 2017가단218743
양수금
Text

1. The defendant shall be jointly and severally and severally with the plaintiff 83,291,629 won and 83,291,461 won among them, from October 13, 2004 to January 13, 2005.

Reasons

1. Comprehensively taking account of the overall purport of Gap's statements and arguments as to the cause of the claim, the Korea Technology Finance Corporation (the Korea Technology Finance Corporation prior to the amendment (the Korea Technology Finance Corporation; hereinafter "Korea Technology Finance Corporation") shall file a lawsuit against the defendant, C, and B with the Seoul Central District Court 2007da126292, and on August 17, 2007, the defendant shall jointly and severally with the above court "83,291,629 won and 83,291,461 won to the Korea Technology Finance Corporation and 14% of its total amount from October 13, 2004 to January 12, 2005, and from January 13, 2005 to June 16, 2007, the judgment of the Korea Technology Finance Corporation shall be rendered 20% of the total amount of the bonds issued to the defendant, which shall be 14% of the total amount of the bonds and 20% of the total amount of the bonds issued to the defendant.

Therefore, the instant lawsuit can be recognized as a re-litigation for the interruption of extinctive prescription, and the Defendant is jointly and severally liable with B to pay the money stated in the purport of the instant lawsuit to the Plaintiff who acquired the instant claim, as sought by the Plaintiff.

2. On the Defendant’s assertion, the Defendant’s special representative C argues that the Plaintiff’s claim cannot be complied with, as he/she received a decision on bankruptcy immunity from the Daejeon District Court on July 11, 2014.

However, the claim of this case was filed against the defendant who is a corporation, and C, a special representative of the corporation or a joint and several surety, was granted a decision to grant bankruptcy immunity.

Even if a corporation is the principal debtor.

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