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Reasons
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(영문) 수원지방법원 2020.06.23 2019가단24359
면책확인
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant lent a total of KRW 50 million to the Plaintiff as follows.

Loans Nos. 1, 1996 (10 million won on October 22, 1996), KRW 50 million on the aggregate of KRW 3 million on January 20, 21998, KRW 300 million on March 10, 1998, KRW 4 million on June 25, 1998, KRW 50 million on August 30, 2002, KRW 6 million on June 20, 2000, KRW 50 million on June 20, 2003

B. The Plaintiff repaid to the Defendant KRW 9 million out of the total amount of KRW 21 million borrowed from the above Nos. 1 through 4.

C. The defendant filed a lawsuit with the Seoul Southern District Court against the plaintiff for the payment of the loan balance of KRW 41 million and damages for delay thereof (hereinafter "the first case"). The above court rendered on December 15, 2004, "the plaintiff shall pay to the defendant an amount of KRW 41 million and an amount of KRW 20% per annum from October 26, 2004 to the full payment date" (hereinafter "the first judgment"), and the above judgment became final and conclusive around that time.

On August 4, 2011, the Plaintiff filed a petition for bankruptcy (201Haak 6530) and the application for immunity (201Haak 6530; hereinafter “instant application for immunity”). The court rendered a ruling of bankruptcy against the Plaintiff on July 17, 2012, and rendered a ruling of exemption from the Plaintiff (hereinafter “instant exemption from immunity”) on January 29, 2013, and the aforementioned exemption from immunity became final and conclusive on February 13, 2013.

E. The Defendant filed a lawsuit with the Seoul Southern District Court seeking payment of the loan balance of KRW 41 million and damages for delay thereof (2013da78994) at the time the extinctive prescription of the claim based on the judgment of the first instance expires, and the said court rendered a judgment on March 28, 2014 that “the Plaintiff shall pay to the Defendant the amount of KRW 41 million and the amount calculated by the rate of KRW 20% per annum from October 26, 2004 to the date of full payment” (hereinafter “Article 2”), and the said judgment became final and conclusive around that time.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The cause of the action.

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