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(영문) 수원지방법원안산지원 2019.07.17 2019가단50833

대여금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Since 2005, the Defendant engaged in crop cultivation such as bean, bean, and bean owner, etc., he/she borrowed funds from the net C and continuously repaid the principal and interest thereof.

B. On February 27, 2013, the Defendant filed an application for individual rehabilitation with the Incheon District Court (Seocheon District Court 2013 Session 2104 case, hereinafter referred to as "individual rehabilitation case"), and the above court decided to commence individual rehabilitation procedure on August 27, 2013, and decided to authorize the repayment plan on June 30, 2014.

The defendant completed the repayment according to the authorized repayment plan, and on May 28, 2018, the decision was finalized around that time after obtaining the court's decision to permit the discharge.

C. In the list of individual rehabilitation creditors, the cause of the claim against the deceased C is stated as the borrowed amount from May 1, 2005, and the first principal and the present principal of the claim are stated as KRW 50,000,000, respectively.

The deceased C died on August 23, 2018, and the plaintiff is the spouse of the deceased.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 through 3, 5, 8 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. Before September 19, 201, the Plaintiff’s summary of the Plaintiff’s assertion was determined and lent KRW 170,000,000 to the Defendant on a monthly basis and September 30, 2012, and thereafter, the principal of the said loan remains in KRW 120,000.

However, after the deceased died, the Plaintiff inherited the above loan claims against the Defendant by the agreement on division of inherited property.

In the list of individual rehabilitation creditors at the time the Defendant filed an application for individual rehabilitation, the principal balance of the claim for the deceased’s loan is stated differently as above in the list of individual rehabilitation creditors, and the Defendant partly repaid according to the repayment plan of the individual rehabilitation case. Accordingly, the Defendant claimed against the Plaintiff who inherited the claim for the loan of the deceased.