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(영문) 서울중앙지방법원 2015.05.19 2014가단5344154
구상금
Text

1. Of the lawsuit in this case, the lawsuit against the bankruptcy debtor A corporation shall be dismissed.

2. Defendant.

Reasons

1. Whether the lawsuit filed against the trustee in bankruptcy of the defendant bankruptcy debtor A, a corporation and the debtor in bankruptcy, is legitimate, any property claim that accrues before the bankruptcy is declared, shall be any bankruptcy claim, and any bankruptcy claim shall not be exercised without resorting to the bankruptcy procedures;

(1) Article 423 and Article 424 of the Debtor Rehabilitation and Bankruptcy Act (see, e.g., Supreme Court Decision 201Da84335, Nov. 29, 2012). In cases where a joint and several surety of the debtor acquires the right to indemnity by performing joint and several liability obligations with repayment, etc. to the bankruptcy creditor who is the principal creditor after bankruptcy is declared, if the joint and several surety of the debtor has been concluded before the debtor is declared bankrupt, the relationship between the principal cause of the right to indemnity and the joint and several surety, which are the principal cause of the occurrence of the right to indemnity, is maintained before the bankruptcy is declared. Thus, a claim based on the above joint and several surety agreement, etc. is a future claim for indemnity and a derivative claim.

(See Supreme Court Decision 201Da109388 Decided September 28, 2007, the Plaintiff asserted that under a credit guarantee agreement entered into with A stock company from around February 19, 2014 to around February 19, 2014, the Industrial Bank of Korea on August 24, 2014, the sum of KRW 684,583,643, and KRW 786,51,402, which was the sum of KRW 101,927,759, and KRW 786,51,40, which was the sum of KRW 784,143,092, and additional guarantee fees, KRW 116,281, and KRW 7788,260,151, and delay damages incurred by the Defendant.

However, A Co., Ltd. was declared bankrupt on August 22, 2014 in Seoul Central District Court 2014Hahap130, and the date on which the Plaintiff filed the instant lawsuit claiming the payment of the claim for reimbursement against the Defendant is declared bankrupt.

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