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(영문) 수원지방법원 2015.07.17 2013가합23320
대여금 등
Text

1. The rehabilitation claims of Plaintiff A, 141,675,715 won, and the rehabilitation claims of Plaintiff A from March 12, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiffs were the members of the C church.

B. The above church requires money to build a new church building, and upon completion of the building to the members of the above church including the plaintiffs, the above church borrowed money from the plaintiffs, etc. by requesting them to lend money necessary for the construction of the church building as collateral, and the above church building was completed on August 2010.

C. On October 24, 2013, the Plaintiffs filed a lawsuit seeking a loan, etc. against the said church. On January 2, 2014, the said church filed an application for rehabilitation with this court (2014 Gohap 1), and this court decided to commence rehabilitation proceedings on March 12, 2014.

Although the plaintiffs reported their claims in the above rehabilitation procedure, they did not object to the above report of claims on May 7, 2014 by the defendant who was appointed as a legal administrator of the above church, and the plaintiffs filed an objection against the defendant who is an objection pursuant to Article 172 of the Debtor Rehabilitation and Bankruptcy Act on May 27, 2014.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence Nos. 7 and 8, the purport of the whole pleadings

2. As to the plaintiff A's claim

A. 1) The above church (hereinafter the above church for convenience) refers to the defendant.

(2) Around September 30, 2009, the above Plaintiff borrowed KRW 77 million from a national bank as security, and thereafter lent the above loan to the Defendant at around that time. Around June 30, 2010, the above Plaintiff borrowed KRW 43 million from a Samsung Mutual Savings Bank as security and extended the above loan to the Defendant around that time. Around June 30, 2010, the above Plaintiff borrowed KRW 43 million from the Defendant around that time.

Since then, the above Plaintiff received a repayment loan from an enterprise bank, and repaid the loans from the Han Bank.

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