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(영문) 서울중앙지방법원 2020.05.07 2020가단5016627
대여금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 130,234,587 and KRW 120,000,000 among them, from September 16, 2019 to December 12, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff executed each of the following loans to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”). As to each of the above loans, Defendant D guaranteed each of the above loans to the Plaintiff within the scope of the following guarantee limit.

D D

B. The Defendant Company is delinquent in paying each of the above loans, and as of September 15, 2019, the amount of arrears is as follows.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendants are obligated to pay to the plaintiff the money as stated in paragraphs (1) and (2) of this Article.

In regard to this, the defendant company's claim that it is currently closed down, but such circumstance is difficult to be seen as a circumstance to reject the plaintiff's claim, and therefore, the above argument by the defendant company is

Defendant D asserts that at present, Suwon District Court 2019Hadan1079, 2019Da111079, 2019, the case of personal bankruptcy and exemption is in progress. However, even if bankruptcy proceedings are in progress, there is no limitation on the exercise of the right by the bankruptcy creditor in the lawsuit, and there is no benefit in the lawsuit, and in the bankruptcy proceedings, there is no limitation on the exercise of the right by the creditor in the lawsuit or the debtor's obligation is exempted, and therefore, Defendant D's above assertion is without merit.

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

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