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(영문) 전주지방법원 2017.07.12 2015가합1696
대여금
Text

1. As to the Plaintiff’s respective lawsuits against the Defendants, KRW 140,33,333, respectively, and each of them, Defendant C’s lawsuit acceptance.

Reasons

1. Progress of the instant lawsuit

A. On January 13, 2015, the Plaintiff filed an application for a payment order seeking 337,113,815 won against the rehabilitation debtor C (hereinafter “Defendant C”) and Defendant E, the co-manager of the rehabilitation debtor C, who is the taking-off of the lawsuit by Defendant C, and damages for delay.

B. On March 23, 2015, after the filing of the instant lawsuit against Defendant C, rehabilitation procedures commenced according to the decision to commence rehabilitation procedures pursuant to the Jeonju District Court 2015 group 1, which was March 23, 2015, and C and D (hereinafter “Defendant C’s co-manager”) were to take over the instant lawsuit by Defendant C.

C. On October 31, 2016, the Plaintiff amended the purport of the claim, as stated in the purport of the claim as above.

Plaintiff

Succession Intervenor (hereinafter referred to as “Succession Intervenor”) shall be 2017

1. On December 16, 2016, an executory notarial deed against the Plaintiff (No. 345, 2014 No. 345, a notary public was served on Defendant C on December 15, 2016 on the basis of an executory notarial deed (No. 345, 2016) issued a seizure and collection order for KRW 140,33,333 of each part of the Plaintiff’s loans to Defendant C and E, as indicated in the attachment and collection claim indicated in Attached Table 1, No. 2016, Dec. 12, 2016, and the succeeding intervenor applied for intervention in succession on the ground as above.

[Ground of Recognition] Facts, absence of dispute, Gap or Eul evidence 1, 2, and Eul evidence 1

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff is the F Hospital (hereinafter “F Hospital”).

) Upon receipt of the request from Defendant C operating the Fund to lend money to use the Fund for Hospital Operation, Defendant C and E are jointly and severally liable on July 1, 2013, and interest rate of 12% per annum on December 31, 2014 and the due date for repayment (24% per annum on the last day of each month, the due date for repayment, and the due date for repayment) and Defendant C from time to time.

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