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(영문) 부산지방법원 2015.06.23 2014가단71398
대여금
Text

1. Defendant C and D shall be limited to KRW 12.5 million, respectively, within the scope of the property inherited from the network E, to the Plaintiff.

Reasons

1. Basic facts

A. On July 31, 1994, the Plaintiff loaned KRW 25 million to Defendant B at the monthly interest rate of 2.5%, and on October 30, 1994, the Plaintiff secured the Defendant B’s debt by the time limit.

On August 1, 1994, the network E completed the registration of creation of a mortgage with respect to the Plaintiff and F (to be the creditor who lent KRW 25 million to Defendant B and the network E) owned by the network E in order to secure the above debt, and with respect to the Seo-gu Busan, Seo-gu, Busan, which was owned by the network E, with the maximum debt amount of KRW 75 million.

In the auction procedure (Seoul District Court H) commenced on May 29, 1995, the Plaintiff received dividends from 690,000,000 won, corresponding to the part of interest accrued up to that time.

B. The Plaintiff filed a lawsuit against Defendant B and his wife for the payment of the loan amounting to KRW 25 million and damages for delay thereof (the Busan District Court Decision 2004Da57768, Dec. 28, 2004). In the above lawsuit, with respect to Defendant B, the procedure was initiated by service by public notice, and the entire judgment of winning the Plaintiff (the judgment based on the confession as to the network E) was rendered on September 20, 2004.

C. On November 30, 2009, Defendant B applied for bankruptcy or immunity to the District Court (No. 2009Hadan7311, No. 7305, Nov. 30, 2009), and 2010

4. 15. The decision of immunity became final and conclusive around that time.

On October 7, 2009, the network E applied for bankruptcy or immunity to the Busan District Court (2009Hadan4428, 2009, 4435) and was granted immunity on October 28, 2010 and confirmed around that time.

However, Defendant B and the network E did not enter the obligation of the Plaintiff in the list of creditors at the time of filing an application for bankruptcy or immunity.

The remainder of the principal in the list of creditors of Defendant B is KRW 69,266,717, and interest or delay damages are KRW 205,804,969, and mainly the financial rights obligations arising from around 1994 and around 1995.

The deceased E died on December 31, 2013, and there are Defendant C and D, the inheritor.

(Defendant B and the network E have been divorced in 2001). Defendant C and D have been divorced from the Busan Family Court on January 5, 2015.

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