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(영문) 서울중앙지방법원 2018.06.15 2018가단10454

청구이의의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 27, 2013, the Defendant filed an application with the Seoul Central District Court for a payment order against C Co., Ltd. (hereinafter “Nonindicted Company”) under Seoul Central District Court Decision 2013 tea79847, and against the Plaintiff and D, a joint representative director of the non-party company, for a credit transaction agreement with the Plaintiff on December 23, 2005 with the non-party company on the loan principal not repaid, and the interest accrued after September 23, 2006 (hereinafter “the principal and interest of this case”), and the court filed an application with the creditor (the Defendant of this case);

1. As to the non-party company KRW 2,974,077,794 and KRW 1,321,669,964 among them:

2. A (Plaintiff in this case) and D jointly and severally with the non-party company, and 1,321,69,964 won out of the amount stated in the above paragraph 1. The payment order was issued with a 21% interest per annum from November 12, 2013 to the day of full payment. B) The above payment order was issued with respect to the non-party company on March 26, 2014; D was finalized on December 28, 2013 but was delivered to the plaintiff on December 28, 2013; the part of the claim against the plaintiff was paid to the non-party company with a 1,50,000 won and 1,321,669,964 won with a 20% interest per annum from November 12, 2013 to the day of full payment; the court decided 200,000 won per annum 82,000 won with a notice of complaint and date for pleading; the judgment was concluded on August 28, 1, 201, 20194.

C. On April 29, 2016, the Plaintiff filed an application for immunity with Seoul Central District Court No. 2016Hadan3199, 2016, and 3199 for each bankruptcy and immunity. On July 11, 2016, the Plaintiff was declared bankrupt. On April 28, 2017, the Plaintiff received a decision to grant immunity and to terminate bankruptcy, and the decision to grant immunity.