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(영문) 대전지방법원 2017.05.18 2016나110305
대여금
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On September 26, 2005, the Plaintiff lent 35,000,000 won between the Defendant and the Defendant at the rate of 5% (66% per annum) per annum on March 26, 2006 and the rate of 5% per annum on March 26, 2006. The Plaintiff prepared a certificate of borrowing that D, E, and F will jointly and severally guarantee the above borrowed amount, and received the certification from the notary public’s G office No. 3375 in 2005.

The plaintiff shall set the loan amount of KRW 6,00,000 on October 31, 2005 with C at the rate of 5% per annum (66% per annum on April 30, 2006, interest rate of KRW 5% per annum on delay damages), and on November 1, 2005 at the due date of repayment of KRW 3,00,000 on February 1, 2006 and at the rate of 5% per annum (66% per annum on delay damages) respectively (hereinafter "the bonds of this case"), and the defendant shall prepare a certificate of loan with the defendant to jointly and severally and severally guarantee the above loan amount of KRW 6,00,00,00 on October 31, 2005, and obtained certification as the certificate of G notary public's office No. 3741 on November 1, 200

Meanwhile, the Defendant: (a) declared bankrupt against the Defendant on April 17, 2012; (b) decided on May 16, 2012 that the period for raising an objection to the application for immunity is up to the period for filing a petition for immunity; and (c) decided on December 10, 2012, when the said period for filing a petition for immunity expires (hereinafter “instant decision on immunity”); and (d) decided on December 10, 2012, when the exemption for immunity against the Defendant was finalized on December 27, 2012.

35,000,000 won of the first and remaining claim amount are stated in the list of creditors presented at the time of the decision to grant immunity of this case.

[Reasons] Facts without dispute, Gap evidence 1, Gap evidence 10-1 through 3, Gap evidence 11-4, Eul evidence 11-1, and the plaintiff's assertion of the purport of the whole pleadings is liable to pay to the plaintiff 9,00,000 won and interest or damages for delay.

The Defendant’s total debt amount to the Plaintiff is KRW 65,00,000, and the Defendant knows the existence of the instant claim.

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