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(영문) 제주지방법원 2018.08.14 2017가단56881
대여금
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B: (a) KRW 200 million on August 25, 2012 to the Plaintiff and its related amount.

Reasons

1. Basic facts

A. On July 25, 2012, between the Plaintiff running D and credit business, a loan certificate (hereinafter “the loan certificate in this case”) was prepared with the loan amount of KRW 200 million, the due date for payment on August 24, 2012, and the delayed payment rate of KRW 39% per annum. The above loan certificate was written by the Defendants as joint and several sureties, and the seal of the Defendants was affixed on the right side of the name.

B. On July 26, 2012, the registration of ownership transfer was completed on July 3, 2012 with respect to the E Apartment 115, 203 (hereinafter “instant apartment”) in the name of the Defendant C on July 26, 2012. On the same day, the debtor was completed the registration of ownership transfer in the name of Defendant C and the maximum debt amount of Defendant C with the maximum debt amount of KRW 339.6 million.

On August 2, 2012, with respect to the apartment of this case, the registration of creation of a neighboring mortgage in the name of the plaintiff was completed with the debtor D and the maximum debt amount of KRW 300 million.

C. Defendant C filed an application for bankruptcy and exemption from liability with Suwon District Court Decision 2014Hadan3912, 2014Ma3912, Defendant C applied for bankruptcy and exemption from liability (at the time, entry of the obligation against the damage insurance and the social service Korea Co., Ltd., Ltd., Ltd., ELia in the list of creditors). The above court decided exemption from liability against Defendant C on August 26, 2015 and the same year.

9. 10. The decision to grant immunity became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 6 evidence, Eul evidence 1 to 5, the purport of the whole pleadings

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 to the Plaintiff the borrowed money and the damages for delay indicated in the instant loan certificate, which is the disposal document, unless there are special circumstances.

B. Determination on Defendant C’s assertion of exemption 1) When Defendant C applied for exemption to the court as seen earlier, Defendant C’s joint and several surety obligation on the instant loan certificate against the Plaintiff (hereinafter “instant obligation”).

the list of creditors.

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