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(영문) 부산지방법원 동부지원 2018.11.28 2018가단1119

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 157,50,000 and KRW 17,500,000, respectively, from May 16, 1995 to ②.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Defendants, D, and E with Busan District Court Decision 2007Kadan72713, and was sentenced on August 31, 2007 by the above court that “the Defendant, D, and E jointly and severally pay the money stated in paragraph (1) of this Article to the Plaintiff.”

B. The above judgment was respectively finalized on September 15, 2007 for Defendant B and D, on September 22, 2007 for Defendant C, on September 22, 2007 for E, and on September 21, 2007 for E.

[Reasons for Recognition] Defendant B: Each entry in the evidence Nos. 1 and 2, and the purport of the whole pleadings, Defendant C: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the money set forth in paragraph (1) of this Article.

B. The above defendant Eul's assertion asserts that since representative liquidator D obtained a decision on bankruptcy decision from the court, the plaintiff's claim cannot be complied with.

However, the instant claim is a loan claim against Defendant Company B, a corporation (i.e., a representative liquidator is not a claim against an individual), and a representative liquidator of the corporation was granted a decision to grant bankruptcy immunity.

Since the above defendant's liability as a corporation does not affect any other defendant's liability, the above defendant's argument is without merit.

3. In conclusion, the lawsuit of this case is for the interruption of the extinctive prescription of the claim based on the above final judgment. Since the plaintiff's claim against the defendants is well-grounded, all of them shall be accepted. It is so decided as per Disposition.