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(영문) 대전지방법원 2018.05.24 2017나8508

청구이의

Text

1. The defendant's appeal is dismissed.

2. Until this judgment becomes final and conclusive, the Daejeon District Court against the defendant's plaintiff.

Reasons

1. Basic facts

A. The defendant's enforcement title against the plaintiff 1) has been secured by the defendant as a business of taxi driving. C is the plaintiff's wife. 2) The defendant lent 6,00,000 won in total to C and the plaintiff from December 7, 2005 to August 23, 2006 as interest rate of 3% per month, and due date of repayment on February 2007. However, the plaintiff and the plaintiff filed a lawsuit seeking a loan against C and the plaintiff for payment on September 17, 2007 on the ground that C and the plaintiff fail to repay the above debt, and "the plaintiff jointly and severally with C and the defendant pay 10,975,987 won in total and the principal amount of the loan to 6,000,000 won in total, calculated at the rate of 20% per annum from August 23, 2006 (hereinafter referred to as "the execution recommendation decision of Daejeon") was finalized to 2014.

(see Evidence A 1). (b)

(1) The Plaintiff filed an application for individual rehabilitation on August 12, 2008 and the rehabilitation procedure discontinuation 1) the Plaintiff filed an application for individual rehabilitation on August 12, 2008 (Seoul Daejeon District Court Decision 2008Dadan24946), and received a decision to authorize the repayment plan on March 12, 2010 (see evidence 2-1 of the above case). The list of individual rehabilitation creditors of the case No. 2008da24946 stated that “the amount of the confirmed claim (principal) out of the amount of the Defendant and the individual rehabilitation claim (see evidence 2-3 of the above evidence 2 of this case) is “10,975,987 won (which is the same as the principal and interest of the instant performance recommendation decision)” (see evidence 2 of the above 2008da24946) with the Plaintiff’s responsible property to the Defendant, and thus, the Plaintiff was 10,975,987 won (hereinafter “the instant debt repayment”).

The plaintiff paid money equivalent to the average monthly income pursuant to the above repayment plan six times, and the debt of this case 1,006.