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(영문) 춘천지방법원 2017.07.05 2017가단52180

대여금

Text

1. The Plaintiff:

A. Defendant Incorporated Co., Ltd.: KRW 84,209,649 and KRW 121,280,251 among them.

Reasons

1. In full view of the respective descriptions in the evidence Nos. 1 through 7 and the purport of the entire pleadings as to the cause of the claim, the Defendants are liable to pay the Plaintiff the unpaid principal and interest and delay damages as shown in the attached Form No. 1.

2. As to the determination of the Defendants’ assertion, Defendant A Co., Ltd. now closed its business and commenced the auction procedure for the land subject to business, and Defendant B is proceeding with the Chuncheon District Court by filing bankruptcy and application for immunity.

Therefore, it cannot be viewed as a valid defense, and according to the evidence Eul evidence No. 3, Defendant B's bankruptcy and application for immunity was acknowledged as having been filed by the Chuncheon District Court 2017Hadan163 and 2017Ka163 on March 24, 2017, but the above defendant's above facts of bankruptcy and application for immunity do not automatically exempt the above defendant from the above liability (in the case of the above bankruptcy and application for immunity, the above court's bankruptcy and application for immunity can only claim the effect of exemption of the above obligation only after the above court's adjudication of bankruptcy and the decision to permit exemption becomes final and conclusive). Thus, the above assertion by Defendant B is without merit.

3. If so, the plaintiff's claim of this case against the defendants is justified.