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(영문) 서울중앙지방법원 2017.08.23 2017가단5083696
대여금
Text

1. The claim against Defendant C and D among the instant lawsuit is dismissed.

2. Defendant A Co., Ltd. shall be KRW 225,388,531 to the Plaintiff.

Reasons

1. In full view of the purport of the entire pleadings, the facts in the separate sheet No. 1 to No. 4 can be acknowledged.

2. Defendant C and D asserted that, among the instant lawsuits, the Plaintiff’s claim against Defendant C and D could not comply with the Plaintiff’s claim because they were subject to bankruptcy and exemption from immunity.

As to this, the Plaintiff asserted that the above Defendants did not enter the Plaintiff in the list of creditors in bad faith in the bankruptcy and immunity procedure, and thus, the instant claim constitutes non-exempt claims.

On November 3, 2014, 2014, 1, 1, 1399, 2014, and 14, 2014, 1400, the decision to grant immunity becomes final and conclusive on November 18, 2014, and 2, however, the fact that the claim of this case is not stated in the list of creditors of the above procedure is not disputed between the parties.

However, in light of the following circumstances acknowledged based on each of the above evidence, (i) Defendant C and D jointly and severally guaranteed the obligation of Defendant A Co., Ltd. (hereinafter “Defendant Company”), which is its children, and (ii) lack of evidence to deem that Defendant C and D received direct demand from the Bank of more Bable Savings Bank at the time of the aforementioned exemption procedure; and (iii) there is no circumstance to deem that there was no reason to deem that Defendant C and D filed the instant claim together with the instant claim during the exemption procedure and there is no reason to be an obstacle to obtaining immunity from immunity, it is insufficient to recognize that Defendant C and D did not enter the instant claim in the creditor list in bad faith, and there is no other evidence to acknowledge otherwise, it is reasonable to deem that the instant claim against the said Defendants was lost the ability to file a lawsuit and executory power according to the confirmation of exemption from immunity.

3. According to the facts stated in the judgment on the merits concerning the claim against the defendant company, the defendant company is obligated to pay the money stated in Paragraph 2 of this Article to the plaintiff.

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