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(영문) 전주지방법원 2018.12.14 2017가단19915
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On June 30, 2004, a mutual savings bank (hereinafter “former Mutual Savings Bank”) leased KRW 6,000,000 to B Co., Ltd. (former Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) (former Co., Ltd.) (former Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) (hereinafter “instant loan agreement”), and the Defendant became a joint and several surety for the above loan obligations owed to Nonparty Co., Ltd.

B. The preceding day of a mutual savings bank was issued a payment order (hereinafter “instant payment order”) with the Jeonju District Court 2007 tea434 against the non-party company and the defendant. On July 27, 2007, “Defendants (referring to the non-party company and the defendant) shall jointly and severally pay KRW 1,380,542,153 to the plaintiff (referring to the non-party company and the defendant).” The above payment order was finalized on August 25, 2007 against the defendant, and on October 6, 2007 against the non-party company.

C. On August 7, 2010, a mutual savings bank was declared bankrupt by the Jeonju District Court 2010Hahap1, and the Plaintiff was appointed as a trustee in bankruptcy of a mutual savings bank on the preceding day.

On June 14, 2013, the Plaintiff received the Defendant’s claim attachment and collection order against the Korea Life Insurance Co., Ltd. and the Industrial Bank of Korea (Seoul Central District Court 2013TTTT18013) from the Industrial Bank of Korea on June 26, 2013, and collected KRW 15,70,360,00 from the Industrial Bank of Korea on June 26, 2013.

E. In addition, upon the instant payment order, the Plaintiff received KRW 30,318,160 from the Seoul Central District Court (Seoul Central District Court 2012TTTT 16157) for the Defendant’s third debtor’s claim attachment and collection order on August 23, 2013.

After the instant payment order became final and conclusive, the Plaintiff was paid KRW 30,324,874 as interest on October 22, 2014, and the Plaintiff left KRW 1,350,217,279.

[Ground of recognition] Facts without dispute, Gap 1 through 3, Gap 4-1 and Eul 2-2, the purport of the whole pleadings

2. The plaintiff's assertion.

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