대여금
1. The defendant shall jointly and severally with C to KRW 469,929,032 and KRW 342,681,917 out of the above money. < Amended by Presidential Decree No. 24069, Apr. 30, 2019>
1. Basic facts
A. The Plaintiff entered into a credit transaction agreement with Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”), a credit transaction agreement that approves the application of the credit card holders’ terms and conditions, and a credit card subscription agreement with the Defendant, a inside director of the Nonparty Company, and entered into a transaction with the Defendant’s joint and several sureties, and the specific details of the transaction
B B
B. The non-party company decided to comply with the highest rate prescribed by law and other limited limits with respect to the rate of interest, etc. on the above loans and credit cards, the calculation method, and the timing and method of payment.
C. However, the non-party company continued to pay a loan and card payment between the loan and the Plaintiff, and was incorporated into a special claim. The balance as of April 23, 2019 is as follows.
On the other hand, on March 16, 2018, the defendant filed a bankruptcy petition with the Daegu District Court 2018Hadan644, 2018Ha, 6444, which became final and conclusive on March 6, 2019 upon receipt of a decision to grant immunity on February 19, 2019.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 5 (including additional number), Eul's statement 1 through 3, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the defendant is jointly and severally liable with C to pay 469,929,032 won and 342,681,917 won out of the above amount, as the plaintiff seeks, 15% per annum from April 30, 2019 to May 31, 2019, and 12% per annum from the next day to the day of full payment.
B. The Defendant’s assertion 1) The Defendant asserted that, at the time of receiving the Defendant’s bankruptcy and immunity, the Defendant did not enter the instant debt in the creditor list but did not have been maliciously omitted, and thus, the instant debt was exempted from liability. 2) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”).