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(영문) 서울중앙지방법원 2016.08.24 2016가단59349
대여금등
Text

1. The Plaintiff:

A. Defendants are jointly and severally liable for 45,937,694 won and 42,887,966 won among them. From June 16, 2016.

Reasons

1. According to Gap evidence Nos. 1 through 3 (including various numbers) as to the cause of the claim, the facts are recognized as identical to the reasons for the claim. Thus, the defendants shall jointly and severally pay to the plaintiff. ① The defendants shall be jointly and severally liable to pay the balance of the principal and interest of loans of KRW 45,937,694 as of November 11, 201 and the balance of the principal of the loans of KRW 42,887,966 as of KRW 42,86 as of June 16, 2016 to the date of full payment (However, the maximum amount of KRW 70,200,000 as of KRW 160,292,786 as of May 10, 2012; ② The defendant A shall be jointly and severally liable to pay damages for delay at the rate of KRW 15% as of KRW 160,290 as of KRW 20,000,000 per annum 20.16 per annum 16.4% per annum

2. The defendants' assertion

A. The Defendants asserted that the Plaintiff’s claim is unjustifiable, since the rehabilitation procedure (U.S. District Court 2016 Ma1003) was commenced against C, which is the primary debtor.

B. However, the rehabilitation plan does not affect the rights of rehabilitation creditors against the guarantor of the debtor for whom rehabilitation procedures commence (Article 250(2)1 of the Debtor Rehabilitation and Bankruptcy Act). Therefore, the Defendants’ assertion is without merit.

3. Full acceptance of the Plaintiff’s claim

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