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(영문) 서울서부지방법원 2016.10.25 2016가단244029
양수금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. B concluded a cash service and loan transaction agreement with the National Bank of Korea under a credit card service agreement with the National Bank of Korea, and used the loan (hereinafter “instant debt”), and the Defendant jointly and severally guaranteed the repayment of the debt to the National Bank of Korea Co., Ltd.

B. On November 4, 2004, the National Bank of Korea transferred the instant claim against B to Solomon Mutual Savings Bank, Solomon Savings Bank, Inc. again transferred it to the Plaintiff on April 26, 2011.

C. As of May 11, 2016, B’s instant debt amount reaches KRW 34,823,733, interest 118,939,928, the balance of provisional payments 457,940, the actual cost of KRW 124,100, the total amount of the instant debt amount of KRW 154,345,70.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of recognition, unless there are special circumstances, the defendant is jointly and severally liable with B to pay the debt of this case to the plaintiff.

Since the defendant asserts that the extinctive prescription of the debt of this case has expired, according to the evidence No. 2 of this case, it can be acknowledged that the date of maturity of the debt of this case of this case of this case as of August 23, 1997, and the fact that the extinctive prescription has already been completed prior to the application for the payment order of this case is apparent, as of May 25, 2016.

Therefore, the defendant's above argument is reasonable and the plaintiff's claim is groundless.

As to this, the Plaintiff entered the instant claim in the list of creditors, and was declared bankrupt on November 24, 2016, and received the exemption decision on January 16, 2007, and accordingly, the instant claim was suspended pursuant to Article 32 Subparag. 3 of the Debtor Rehabilitation and Bankruptcy Act, and the interruption of the extinctive prescription has also become effective against the Defendant, who is a joint and several surety.

Article 32 subparag. 3 of the Debtor Rehabilitation and Bankruptcy Act provides submission of the list of individual rehabilitation creditors and participation in other individual rehabilitation procedures.

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