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(영문) 서울중앙지방법원 2019.03.06 2017가단70305

양수금 및 보증채무금

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On June 30, 2010, the Industrial Bank of Korea loaned 3,000,000,000 won to D on June 30, 201 to D with a maturity of 11% per annum on June 30, 2011, and jointly and severally guaranteed the above loans by Defendant B, E, F, and G.

(hereinafter “instant loan”). The Industrial Bank of Korea transferred the instant loan to the Plaintiff, and notified the obligor of the transfer.

D The repayment of principal and interest of the instant loan was delayed, thereby losing the benefit of time. As of March 16, 2017, the principal and interest were in arrears of KRW 106,816,444 as of March 16, 2017, and the principal amount is KRW 93,814,805.

On July 6, 2014, G, a joint and several surety, died on July 6, 2014, and the defendant C, a child, inherited the joint and several liability for the instant loan in proportion to the shares of 2/7.

[Reasons for Recognition] There is no dispute, the defendant B asserts that the plaintiff sought the payment of the debt of the loan of this case as follows, as to the grounds for the claim of Gap's evidence Nos. 1 through 6 and the purport of the whole argument.

The plaintiff filed a lawsuit of demurrer against the distribution against the Republic of Korea (the head of Suwon District Tax Office) by Sungwon District Court 2014Gahap208176, Sungwon District Court Ha-nam Branch H and I (Joint) real estate auction case.

The instant case became final and conclusive on January 28, 2016, and concluded the ruling of recommending reconciliation. The content of the said ruling of recommending reconciliation is, instead of revising the distribution schedule favorable to the Plaintiff, to waive all of the claims related to the instant loan held by the Plaintiff against the Defendants.

On December 19, 2018, the Plaintiff stated that the Defendants renounced all of the claims related to the instant loan to the Defendants on the date of pleading.

Thus, the plaintiff's claim of this case against the defendants under the premise that the claim related to the loan of this case remains valid is without merit.

In conclusion, the plaintiff's claim of this case is dismissed, and it is so decided as per Disposition.