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(영문) 서울중앙지방법원 2018.10.05 2017가합541569
대여금
Text

1. The Plaintiff:

A. Defendant B is the rehabilitation debtor C corporation, the lawsuit taking over the defendant C corporation.

Reasons

1. Basic facts

A. The party status and the pertinent Plaintiff is a company running information and communications development and construction business as its main business, and C Co., Ltd (hereinafter “C”) is a company running indoor construction business as its main business, and upon receiving a decision on commencement of rehabilitation procedures as of August 30, 2017, the Seoul Rehabilitation Court 2017 Ma100133, the date of the instant lawsuit, the representative director took over C’s legal procedure. The Plaintiff reported the instant claim as a rehabilitation claim in the rehabilitation procedure. However, the rehabilitation debtor C Co., Ltd denied the Plaintiff’s claim as being pending in the instant lawsuit against the Plaintiff’s claim.

B. On December 5, 2014, E, the representative director of the Plaintiff’s claim for loans to Defendant B and C, Nonparty E, the Defendant B, was leased KRW 200,000,000 to Defendant B, the due date for payment was January 30, 2015, and the interest was settled separately, and C guaranteed Defendant B’s debt.

C. The Plaintiff’s loan claims against Defendant B, Defendant D, and Nonparty F, on October 15, 2015, lent KRW 300,000,000 to Defendant B, D, and Nonparty F on October 15, 2015, and on December 31, 2015, the due date for repayment was determined to be settled separately.

The Plaintiff’s total sum of loans to Defendant B and C is as between Defendant B and C on February 24, 2016.

The loan claims in E as described in paragraph (1) have been taken over by the plaintiff, and this shall not apply.

A total of KRW 500,000,000,000, which is added to the loans specified in the paragraph, was adjusted to be lent by the Plaintiff to Defendant B, and the due date for payment is determined to be 25% per annum on August 31, 2016, and C jointly and severally guaranteed the above loans owed by Defendant B.

E. Partial repayment C delivered to the Plaintiff a promissory note with a face value of KRW 100 million, and the Plaintiff received the said promissory note payment on December 11, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 6, the purport of the whole pleadings

2. According to the fact of the above recognition, the defendant B is the litigation transferee of the defendant C Co., Ltd.

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