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(영문) 인천지방법원부천지원 2016.01.12 2015가단4155

대여금

Text

1. The Plaintiff:

A. Defendant B and C shall be jointly and severally 21,290,260 won and shall be jointly and severally paid from May 1, 2004 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff: (a) around September 2, 2003, leased KRW 21,290,260 to Defendant B at the maturity of April 30, 2004; (b) Defendant C guaranteed the above loan obligation against the Plaintiff; (c) on September 8, 2003, Defendant C lent KRW 10,000,000 to Defendant D on April 30, 2004; (c) on September 2, 2003, Defendant E lent KRW 20,000,000 to Defendant E on September 1, 2004; and (d) on September 2, 2003, Defendant C loaned the above loan obligation against the Plaintiff at the maturity of KRW 20,00,000 per annum; and (e) Defendant C loaned the loan obligation against the Plaintiff on September 1, 2004; and (e) Defendant C loaned the loan obligation to the Plaintiff on March 36, 2003; and (e) Defendant C loaned damages for delay on July 36, 2036, 27.

B. The Plaintiff filed a lawsuit against the Defendants seeking the payment of the above loans or the performance of the joint and several sureties (this court's claim for loans 2004Gahap3788), and this court rendered a judgment accepting all the Plaintiff's claims on February 10, 2006, and the above judgment was finalized on March 31, 2006.

C. The Plaintiff filed the instant lawsuit against the Defendants on February 26, 2015 in order to interrupt extinctive prescription of claims based on the said final judgment.

【Defendant B/H’s ground for recognition: Defendant C, D, E, F, and G of Article 150 (Confession as Confession) of the Civil Procedure Act: The description of evidence No. 1 and the purport of the entire pleadings

2. Defendant E and F requested commencement of individual rehabilitation procedures on December 29, 2008 by Defendant E and F, and Defendant E applied for commencement of individual rehabilitation procedures on March 4, 2009. Upon receipt of a decision to authorize a repayment plan on May 27, 2009, Defendant E and F received a decision to grant immunity on March 13, 2014. Defendant F applied for credit recovery support to the Credit Counseling and Recovery Board in around 2008, and received a notification of approval from the Credit Counseling and Recovery Board. The Plaintiff’s claim in this case is based on the list of creditors in individual rehabilitation procedures and the debt content of the procedure of application for credit recovery support.