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(영문) 서울중앙지방법원 2015.12.23 2015가단139545
대여금등
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 126,216,958 and KRW 65,407,921 among them, with full payment from February 27, 2015.

Reasons

1. Facts of recognition;

A. On April 11, 2007, the Plaintiff loaned KRW 100 million to Defendant A Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “instant loan”). Defendant B guaranteed the Defendant Company’s obligation to repay the principal and interest of the instant loan to the extent of KRW 130,000,000.

B. From April 1, 2010, the Defendant Company lost its interest due to delinquency in paying the principal and interest of this case, and as of February 26, 2015, the principal and interest of this case as of February 26, 2015 are KRW 126,216,958 (i.e., the principal and interest of the loan amount of KRW 65,407,921, interest and overdue interest of KRW 60,809,037). The overdue interest rate of the loan of this case after February 27, 2015 is 17% per annum.

C. Meanwhile, on November 2, 2011, Defendant B was granted immunity (hereinafter “instant immunity exemption”) on November 14, 2013 by filing bankruptcy and application for immunity with the Changwon District Court 201:2489, 201Hadan2487, and Defendant B became final and conclusive the instant immunity exemption exemption.

However, in filing the bankruptcy and application for immunity, the Plaintiff omitted the Plaintiff’s joint and several liability obligations on the instant loan claims (hereinafter “instant claim”) in the creditor list.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to Gap evidence 6, entry of Eul evidence 1 to Eul evidence 8, the purport of whole pleadings

2. Judgment by public notice as to a claim against Defendant Company (Article 208(3)3 of the Civil Procedure Act)

3. Determination as to the claim against the defendant B

A. The plaintiff alleged by the parties that the defendant B intentionally omitted the claim of this case in the creditor list while filing a bankruptcy and application for immunity. Thus, the decision on immunity of this case does not affect the effect of the decision on immunity of this case. Accordingly, the defendant B asserts that it is a joint and several surety of the loan of this case that it is obligated to pay money

On the other hand, Defendant B entered the instant claims in the list of creditors who are in charge of the instant bankruptcy and application for immunity.

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