logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.07.08 2015가단169317
양수금
Text

1. The Plaintiff:

A. As to the Defendant A, B, and C’s joint and several liability of KRW 200,000,000 and the foregoing:

B. Defendant D.

Reasons

1. The grounds for the attachment of the facts of recognition and the facts of the cause of the claim after each alteration can be acknowledged by adding together the whole purport of the pleading to the statements in Gap evidence Nos. 1 and No. 2-1 through 5, and there are no objections otherwise.

2. Determination on the cause of the claim

A. According to the facts of recognition as above, Defendant A Co., Ltd. is the principal debtor of each of the loans in this case. Defendant B and C are joint and several guarantors, and as part of the principal balance to the Plaintiff, Defendant B and C are jointly and severally liable to pay 200,000,000 won and damages for delay at each rate of 20% per annum from December 3, 2004 to January 21, 2005 and from the next day to the date of full payment.

B. As to the Defendant A’s assertion of discharge, the Daegu District Court held that the Plaintiff’s claim was groundless since the Defendant A was declared bankrupt and exempted from the obligation of this case, the Defendant A’s claim was rejected. However, each of the items of subparagraphs 1-1 and 2, the representative director of the Defendant A, No. 1-2, which are materials concerning the F individual’s discharge, cannot be considered as materials to acknowledge the above claim of the Defendant A, and there is no other evidence to acknowledge it. Therefore

3. If so, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

arrow