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(영문) 서울중앙지방법원 2019.09.20 2017가단5211729

대여금

Text

1. The rehabilitation claim against the Plaintiff (Counterclaim Defendant) Company B is KRW 30,000,000 and the rehabilitation claim against the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On June 14, 2016, the Plaintiff lent a total of KRW 30,000,000 to B by depositing KRW 10,000,000 in the F’s account from its own account to the F’s account three times (hereinafter “instant loan”).

B. On December 22, 2016, Defendant E, a representative director of B, made and issued to the Plaintiff a written commitment of payment, stating that “I, by December 31, 2016, vow that I would make a reimbursement of KRW 30,000 won to A” (hereinafter “instant written commitment of payment”).

The above payment pledge has the name of B and the corporate seal impression, and the personal seal impression of Defendant E are affixed to each other, and the above “A” letter is written on the two pages of the name of the Plaintiff’s father, “G” and written on that part.

C. On June 7, 2018, when the instant lawsuit was pending, B filed an application for rehabilitation with the Seoul Rehabilitation Court 2018 Gohap1013, and the said court decided on July 25, 2018 that H commenced rehabilitation procedures and appointing it as the custodian of B.

On March 5, 2019, the Plaintiff was above the above court.

On March 12, 2019, the administrator reported the money as stated in the claim and the loan claim equivalent to interest thereon as rehabilitation claims, and the administrator raised an objection against the above rehabilitation claim on the ground that “any dispute arises due to uncertainty of the obligation,” and the above court approved the rehabilitation plan on the same day.

On March 27, 2019, the Plaintiff received a notice of objection from the above court. On April 4, 2019, the Plaintiff filed a motion to resume the lawsuit against B’s manager.

On September 14, 2018, when the principal lawsuit of this case is pending, Defendant E filed an application for rehabilitation with the Seoul Rehabilitation Court 2018dan100155, and the said court rendered a decision to commence rehabilitation procedures on October 1, 2018 and to consider Defendant E as the custodian.

The rehabilitation procedure was abolished on May 10, 2019 upon the application of Defendant E before the authorization is granted for the rehabilitation plan.

[Reasons for Recognition] There is no dispute, evidence Nos. 3 and 4.