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(영문) 서울중앙지방법원 2016.09.23 2015가합27861

면책확인

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1. Ascertainment that the Plaintiff’s obligation in the separate sheet against the Defendant was exempted.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Basic Facts

On August 28, 2008, the Plaintiff and the Defendant’s Defendant Woori Bank Co., Ltd. (hereinafter “Defendant”) concluded a credit transaction agreement with the credit limit amount “200,000,000 won,” “6.9% per annum,” “15% per annum,” “15% per annum,” and “from August 29, 2008 to August 29, 2009.”

In addition, the foregoing loan agreement was changed to “170,00,000 won” on August 25, 2009 by a change contract between the Defendant and B, and the credit limit amount was changed to “170,000,000 won,” respectively, and the interest rate was changed to “7.21% of the base interest rate.” < Amended by Presidential Decree No. 22347, Aug. 27, 2010; Presidential Decree No. 223565, Aug. 31, 2011; Presidential Decree No. 23568, Aug. 31, 2011; Presidential Decree No. 23568, Aug. 25, 2009; Presidential Decree No. 220

At the time of each of the above loan changes contracts, the Plaintiff jointly and severally guaranteed the above loan obligations with the defendant as the representative director B, and guaranteed the above loan obligations within the limit of "204,00,000 won" on August 25, 2009.

On October 30, 2015, the Defendant filed an application with the Seoul Central District Court for a payment order claiming the performance of the respective security deposit obligations of this case against the Plaintiff as Seoul Central District Court No. 2015Da269963, Oct. 30, 2015.

On December 17, 2015, the Plaintiff filed an objection against the above payment order, and is pending in the Seoul Central District Court as Seoul Central District Court 2016dan501.

On June 14, 2011, the Plaintiff filed an application for bankruptcy and immunity with the Cheongju District Court No. 2011Hadan919 and 201Ma919 on June 14, 201.

The list of creditors submitted by the plaintiff in the above bankruptcy and application case for immunity does not include each of the security deposit claims of this case.

On October 29, 2012, the Plaintiff was declared bankrupt and granted immunity from the above court.

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