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(영문) 대전지방법원천안지원 2017.05.18 2016가단109563

대여금

Text

1. The plaintiff's respective lawsuits against the defendant B and C shall be dismissed.

2. Defendant D’s KRW 35,000,000 and this shall apply to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 26, 2005, the Plaintiff and Defendant B prepared a loan certificate with the loan principal of KRW 35,00,000, maturity of KRW 5.5% on March 26, 2006, and interest monthly. At the time, Defendant D, C, and Nonparty E guaranteed the above loan obligation of Defendant B, and the above content was written with the notarial deed of debt repayment contract as of September 26, 2005, as of September 26, 2005.

B. On September 26, 2005, the Plaintiff and Nonparty E prepared a loan certificate with the loan principal of KRW 1,00,000, maturity of KRW 5.5% on March 26, 2006, and interest rate of KRW 5.5% on the loan principal. At the time, Defendant B guaranteed the above loan obligation of Defendant B at the time, and as such, the notarial deed of debt repayment contract was drawn up on September 26, 2005 by the notary public F Office No. 3374 on September 26, 2005.

C. On October 14, 2005, the Plaintiff and Nonparty E drafted a loan certificate with the loan principal of KRW 1,000,000, the due date for payment of the loan amount of KRW 5% on January 14, 2006, and the interest rate of KRW 5% on the loan amount of KRW 1,00,000, and at the time Defendant B guaranteed the above loan obligation of Defendant E.

On October 7, 2005, the Plaintiff and Defendant B prepared a loan certificate with the loan principal of KRW 15,00,000, maturity of KRW 5.5% on April 7, 2006, and interest of KRW 5.5% on interest, and at the time Nonparty G guaranteed the above loan obligations of Defendant B, and as such, the deed of debt repayment contract was drawn up on October 7, 2005 by the notary F Office No. 3487 on October 7, 2005.

E. On October 7, 2005, the Plaintiff and Nonparty G prepared a loan certificate with the loan principal of KRW 2,00,000, due date of repayment of KRW 5.5% per annum, and interest of April 7, 2006. At the time, Defendant B guaranteed the above loan obligation of Defendant G, and the above content was written with the notarial deed of debt repayment contract as of October 7, 2005 as of October 7, 2005.

F. Defendant B, around April 13, 2010, filed a bankruptcy and application for immunity with the Cheongju District Court 2010Hadan714, 2010Ka714, 714, and became final and conclusive around December 27, 2012 upon receipt of a decision to grant immunity on December 10, 2012; Defendant C, with the Cheongju District Court 2010Hadan2254, around December 10, 2010.