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(영문) 대구지방법원 2020.08.14 2020가단113003
대여금
Text

1. The defendant shall pay to the plaintiff KRW 1,363,364,812 and KRW 670,268,250 among them, from March 13, 2020 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit transaction agreement with Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”), a credit transaction agreement that approves the application of the terms and conditions of credit card holders, and a credit card subscription agreement with Nonparty Co., Ltd. (hereinafter “Nonindicted Company”), and made a transaction under the Defendant’s joint and several sureties, a inside director

B B B B B B B

B. The non-party company decided to comply with the highest rate prescribed by law and other limited limits with respect to the rate of interest, etc. on the above loans and credit cards, the calculation method, and the timing and method of payment.

C. However, as the non-party company did not pay the above loans and card bills continuously, the plaintiff collected some of its claims and incorporated the remainder into a special claim, and on February 17, 2020, the balance of the plaintiff's loans and other claims against the non-party company is as follows.

(hereinafter “instant claim”). D.

Meanwhile, the non-party company filed a petition for bankruptcy with the Changwon District Court 2015Hau1002, and received the adjudication of bankruptcy on June 22, 2015, and the decision to discontinue the bankruptcy procedure on November 23, 2015, and the decision to discontinue the bankruptcy procedure became final and conclusive on the same day, and the defendant filed an application for individual bankruptcy and exemption under the Changwon District Court 2015Hau3, 2015Hau3, 2015Hau344 on February 17, 2015, and filed an application for exemption from immunity on April 15, 2015, and the decision to grant immunity on June 17, 2015 (hereinafter “instant decision to grant immunity”), and the above decision to grant immunity was finalized on July 2, 2015, and the list of creditors submitted by the defendant to the court at the time, did not state the Plaintiff’s joint and several surety claims against the defendant.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 7 (including each number), significant facts in this court, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is a joint and several surety of the non-party company and is obligated to repay the debt of the non-party company within the limit of the amount of the joint and several surety.

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