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(영문) 서울중앙지방법원 2017.05.24 2016가합27417
차용금
Text

1. Of the instant lawsuit, the part of the claim against Defendant B is dismissed.

2. Defendant C shall be KRW 500,000,000 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, upon introduction by Defendant C, invested the cost of manufacturing amusement machines to Defendant B, and Defendant B prepared, around November 2006, each of the following subparagraphs as to the return of investment funds to the Plaintiff, and Defendant C affixed a seal as a guarantor.

In each letter, the sum set forth above shall be paid not later than June 30, 2012, by adding 12% per annum to the principal KRW KRW KRW 30,000,000,000,000,000,000,000,000, which was invested as the cost of manufacturing recreation machinery, but did not complete the business.

B. In addition, on August 10, 201, Defendant B prepared a loan certificate stating that the Plaintiff will pay KRW 500,000,000,000,000, which added interest to the said investment amount, to the said investment amount, by August 10, 2014 (hereinafter “instant loan certificate,” and Defendant C guaranteed the said obligation of Defendant B.

C. Meanwhile, on November 11, 2010, Defendant B filed an application for individual bankruptcy and exemption from liability with the Government District Court Decision 2010Hadan5870, 2010Ma5865, supra. At the time of the said application, Defendant B stated the Plaintiff’s credit on November 2009, “the date of the Plaintiff’s name, loan, or purchase, 430,000,000 won of the first claim, and the return of the investment amount due to failure to use the place of business, Defendant C, the guarantor, the remainder of the claim amount, and KRW 430,00,000 of the principal of the Defendant C, the Plaintiff was declared bankrupt on July 29, 201, which became final and conclusive on August 13, 2012, which became final and conclusive on September 13, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1-1, 1-2, 1-3, and the purport of the whole pleadings

2. We examine the legitimacy of the Plaintiff’s lawsuit against Defendant B ex officio on the lawfulness of the lawsuit against Defendant B.

In other words, any property claim arising before the debtor is declared bankrupt, that is, any bankruptcy claim shall be in accordance with the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

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