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(영문) 서울중앙지방법원 2017.05.18 2016가합21525
기타
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff's joint and several liability 1) The defendant is a joint and several liability corporation B on December 29, 2006 (hereinafter "B").

(2) On May 30, 2008, the Plaintiff lent KRW 100,000 to the Defendant at the time of lending KRW 254,00,000. At the time, the Plaintiff jointly and severally guaranteed the Defendant’s obligation to pay the Defendant a loan of KRW 46,00,000. The Defendant lent KRW 100,000 to Company B on May 30, 2008. The Plaintiff jointly and severally guaranteed the Defendant’s obligation to pay the Defendant a loan of KRW 120,00,000.

3) The Defendant lent KRW 90,00,00 to B Co., Ltd. on June 24, 201. At the time, the Plaintiff, at the time, jointly and severally guaranteed the Defendant’s obligations to the Defendant within the limit of KRW 108,00,00. The unit amount is 46,000,000 for delay damages on the remainder of the guarantee limit of the Defendant’s loans: 37,50,000,000 for delay damages on the guarantee limit of KRW 37,50,000; 6,079, 389, 389; 20,000,000,000,000,000,0000,000,000,000,000,000,000,000, 861, 196, 198, 2016, 375, 2016.

B. On May 2015, the Plaintiff filed an application for exemption from liability with the Seoul Central District Court (Seoul Central District Court Decision 2015Hadan4148, 2015Ma4148, and 2015Ma4148). At the time of the said application, the Plaintiff omitted the entry of the three joint and several liability obligations (hereinafter “joint and several liability obligations”) in the list of creditors, stating the total amount of 12 cases, total amount of 615,820,701, and thereafter, the Plaintiff was granted exemption from liability on October 20, 2015, and became final and conclusive on November 6, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-4, Eul evidence Nos. 1, 3, 4, 5, and 7, the whole purport of the pleading

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the parties concerned is the normal recognition and judgment ability at the time of preparing a list of creditors due to cerebral ma which remains after the surgery.

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