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(영문) 서울중앙지방법원 2015.09.01 2014가단238254
대여금
Text

1. Of the instant lawsuit, the Plaintiff’s lawsuit against B’s bankrupt trustee C shall be dismissed.

2. Defendant A, Inc.

Reasons

1. Of the instant lawsuit, it is acknowledged that the Plaintiff’s bankruptcy trustee B’s lawsuit against the Plaintiff’s bankruptcy trustee B against the Plaintiff’s bankruptcy trustee, among the instant lawsuit, was unlawful as a lawsuit against the Plaintiff’s bankruptcy trustee B, and the Plaintiff’s lawsuit against the Plaintiff’s bankruptcy trustee C is unlawful as a lawsuit against the bankruptcy claim. As such, in full view of the overall purport of the pleadings as a whole, B was declared bankrupt on October 16, 2014, and the Plaintiff’s claim for this part of the lawsuit constitutes a bankruptcy claim as the joint and several surety of the Plaintiff’s loan obligations against the Defendant A before B goes bankrupt, and according to the above facts of recognition, the lawsuit of this case is unlawful as the lawsuit filed against the bankruptcy claim after the bankruptcy is declared as a lawsuit against the Plaintiff’s bankruptcy claim.

(B) The decision on the Plaintiff’s claim against the Defendant is unlawful in this regard, since the Plaintiff was granted immunity in the bankruptcy procedure.

A. On October 15, 2013, the Plaintiff: (a) lent KRW 60,000,000 to Defendant A; (b) determined the repayment method by 60-month equal repayment method; and (c) determined the overdue interest rate by 24% per annum.

Defendant A lost the benefit of time on September 15, 2014, and on November 13, 2014, the interest of time due was 62,956,287 won including the principal amount of KRW 57,450,748.

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. In conclusion, the plaintiff's lawsuit against the bankrupt trustee B among the lawsuit in this case is unlawful, and thus, the plaintiff's claim against the defendant A is reasonable, and it is so decided as per Disposition.

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