대여금
1. The plaintiff's bankruptcy trustee D, who is the taking over of the lawsuit by the defendant C, shall be dismissed the lawsuit as to C, which is the taking over of the lawsuit.
2. The plaintiff.
1. Basic facts
A. On April 30, 2007, the Plaintiff, without an agreement on interest, lent KRW 30,000,000 (hereinafter “the instant loan”) to Defendant B on February 29, 2008 without the due date, and on February 28, 2009 without the agreement on interest, lent KRW 25,000,000 (hereinafter “instant loan”) to Defendant B as the due date for payment. The Plaintiff guaranteed that Defendant C, which is the litigation acceptance of Defendant C’s lawsuit, was “Defendant C” for convenience.
B. On May 14, 2007, the Plaintiff leased KRW 20,000,000 to Defendant B on October 14, 2007 without an agreement on interest (hereinafter “third lending”) and C guaranteed that: (a) the maturity of payment was 20,000,000; and (b) the Plaintiff guaranteed the lending.
C. Defendant B repaid to the Plaintiff KRW 10,000,00 on April 7, 2008, KRW 2,000,00 on August 6, 2008, KRW 3,50,000 on May 7, 2009, KRW 50,000 on January 20, 201, KRW 200,000 on February 16, 201, KRW 1,000,00 on February 1, 201, and KRW 10,000 on March 10, 201.
Defendant B, on November 28, 2013, while the instant lawsuit was pending, was decided to authorize the repayment plan on August 4, 2014 after the Daejeon District Court 2013da22975 decided to commence individual rehabilitation procedures.
E. Defendant C filed an application for exemption with the Daejeon District Court and obtained decision of immunity from the same court on November 19, 2014 (in 2013, 1336), and the decision became final and conclusive around that time.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 1 (including additional number), the purport of the whole pleadings
2. The Plaintiff’s rehabilitation claim against Defendant B is the principal and interest of loans Nos. 1, 2, and 3, except in extenuating circumstances.
Defendant B repaid 65,670,000 won in total after the loans of this case Nos. 1, 2, 3, and 1,000 won each month from January 2015 to January 1, 2015, and from February 14, 2006, and KRW 3,000,000 on February 16, 2006, and KRW 50,000,000 on May 2006, and KRW 10,000,000 on May 207, 2007.