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(영문) 부산지방법원 2020.02.18 2019가단4591
대여금
Text

1. The defendant shall pay 75,00,000 won to the plaintiff and 25% per annum from December 31, 2009 to the day of complete payment.

Reasons

1. There is no dispute between the parties to the judgment as to the cause of claim, etc., or according to the purport of Gap evidence No. 1 and the whole purport of the pleadings, C entered into a monetary loan agreement with the plaintiff on September 2, 2009 that borrowed KRW 75 million from the plaintiff, repaid it until December 30, 2009, and paid damages for delay at the rate of 25% per annum, and the defendant jointly guaranteed the plaintiff's obligation to return the borrowed amount.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 75 million and the amount of the agreed delay damages calculated at the rate of 25% per annum from December 31, 2009 to the date of full payment after the due date.

In this regard, the defendant asserts that since the Ulsan District Court filed a petition for bankruptcy, the plaintiff cannot respond to the plaintiff's claim.

In the case of bankruptcy and exemption (Ulsan District Court Decision 2016Hadan648, 2016Ma648, 648) for which the Defendant applied for, on April 21, 2017, the decision of discontinuation of bankruptcy was rendered on April 21, 2017 and the decision of refusal to grant immunity was made on May 8, 2017, and the fact that the Defendant’s appeal against the decision of refusal to grant immunity became final and conclusive on

Therefore, the plaintiff can claim the claim of this case against the defendant, and the defendant's argument cannot be accepted.

2. Conclusion, the plaintiff's claim is justified.

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