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(영문) 인천지방법원 2017.07.11 2016가단250792

대여금

Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C shall pay to the Plaintiff KRW 60,000,000, and as to the above, October 2006.

Reasons

1. Facts of recognition;

A. Defendant B: “1. Principal:60,000,000 won for the Plaintiff;

2. The due date: October 31, 2007; and

3. Interest: 10 per annum;

4. Loss of benefit of time: If interest is in arrears even once is paid, the obligor (Defendant B) shall lose the benefit of time, and if the obligee (Plaintiff) requests the principal and interest even before the due date, the obligor shall make performance without any objection.

The joint and several sureties (Defendant C) shall jointly and severally guarantee the performance of the debtor's obligations.

“debtor: Defendant B and joint and several sureties: Defendant C’s loan certificate No. 1, Oct. 18, 2006; hereinafter “the loan certificate of this case”).

B. At the time of the preparation and issuance of the instant loan certificate, Defendant C issued a certificate of personal seal impression to the Plaintiff. 【The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings.

2. The defendant B, who judged the claim against the defendant B, was granted the "bankruptcy and Immunity decision", and thus, the defendant B is dissatisfied with the purport that the above loan claim is not liable. Therefore, this is examined.

According to the purport of the evidence Nos. 2 and 4, each of the above loan claims and the entire pleadings, Defendant B obtained a decision of exemption from liability as of May 11, 2015, the Incheon District Court 2014 and 2750, after the occurrence of the above loan claims, and the said decision became final and conclusive at that time: Provided, That the fact that Defendant B did not enter the above loan claims in the list of creditors at the time of the occurrence of

However, there is no evidence to deem that Defendant B did not enter the above loan claim in the creditor list in bad faith. Thus, the decision to grant immunity against Defendant B became final and conclusive, and the debt to Defendant B is deemed to lose the ability to bring an action, etc. ordinarily having ordinary claims, and thus, the Plaintiff’s lawsuit against Defendant B is unlawful as there is no benefit of protection of rights.

3. The judgment on the claim against Defendant C is based on evidence as to the guarantee of the above loan claim by Defendant C, which is a disposal document.