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(영문) 서울고등법원 2016.03.11 2015나2051393

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited in the reasoning of the judgment of the court of first instance is reasonable, except for the dismissal of a part of the judgment as follows. Thus, this decision is cited in accordance with the main sentence of

2. Parts in height:

A. The reasoning of the judgment of the first instance is 1-A.

In the part of the paragraph, “20 million won” shall be added to “interest not determined but to be paid.”

B. Under the third and third sides of the judgment of the court of first instance, the term “interest agreement” refers to the agreed interest rate, respectively.

3. The defendant asserts that the appellate court's argument that when the defendant (D prior to the opening of the name) makes a bankruptcy and application for immunity to the Suwon District Court (U.S. District Court 2012Hadern District Court 9360, 2012, 9360, 9360), he did not know the existence of the loan and the obligation for indemnity against the plaintiff, and did not neglect it in the list of creditors, and did not neglect it in bad faith, the defendant's claim that each of the above obligations should be exempted pursuant to the main sentence of Article 56

Specifically, the following facts are examined: ① The repayment of the Plaintiff’s loan obligation to the Plaintiff was entrusted to the Defendant’s former wife, and the Plaintiff considered that there was no loan obligation to the Plaintiff when making bankruptcy and application for immunity; ② the Plaintiff was unaware of the repayment on behalf of the Defendant to the Credit Guarantee Fund on two occasions on April 8, 2010 and September 19, 2012; ② the Plaintiff did not enter it in the creditor list because he was entirely unaware of the payment on behalf of the Defendant to the Credit Guarantee Fund (the Plaintiff did not demand payment in relation thereto) and ③ the Defendant entered about about ten financial institutions in the creditor list and filed a request for bankruptcy and immunity with the Plaintiff upon knowing the existence of each of the above obligations against the Plaintiff, and the Defendant asserted that there was no reason not to enter it in the creditor list.

First of all, the following circumstances, which can be seen in light of the above evidence and records, are ① the defendant.