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(영문) 서울서부지방법원 2020.11.13 2020나45398
양수금
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

purport.

Reasons

1. Basic facts

A. On December 22, 2003, the Defendant entered into a monetary loan agreement with C Co., Ltd. (hereinafter referred to as “Co., Ltd.”) on a loan limit of KRW 5,000,000, first loan limit of KRW 5,000,000, first loan interest rate of KRW 5,000, interest rate of loan and overdue interest rate of KRW 65.7% per annum, but did not pay the principal and interest of loan.

(hereinafter “instant loan claim”). (b)

C on January 12, 2011, the Defendant transferred to D the claim for the principal of the loan in arrears, KRW 4,998,299, and damages for delay. D again transferred the above claim to the Plaintiff on September 11, 2017, and at that time notified the Defendant of each of the above claims assignment.

C. The instant loan claims amounting to KRW 41,079,330,000,000,000,000 for the principal amount of KRW 4,998,29 as of February 13, 2019, were overdue.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 41,079,30 from C and the principal amount of KRW 4,98,299, which is the following day of the above base date, to the Plaintiff at the rate of 48.5% per annum for delay calculated from February 14, 2019 to the date of full payment.

B. The Defendant’s exemption 1) The Defendant applied for bankruptcy and exemption under Seoul Central District Court Decision 2009Hadan29808, 2009, 2009, and 29808, and received the decision of exemption on January 19, 201, and the said decision of exemption became final and conclusive on February 8, 2011 (hereinafter “instant decision of exemption”).

(2) A debtor who has been exempted from liability is exempted from liability for all obligations to bankruptcy creditors, except dividends under bankruptcy proceedings (main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act), and is exempted from liability for all obligations to bankruptcy creditors (main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act).

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