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(영문) 서울중앙지방법원 2015.02.12 2014가단5220067
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant G Co., Ltd. (hereinafter “Defendant G”) carried out the new construction and sale project of I shop on the land outside H and six parcels in Suwon-si, Suwon-si (hereinafter “I”).

B. The J (hereinafter “the deceased”) was sold in lots from G (hereinafter “each of the instant stores”) around July 12, 2004, around July 12, 2004.

For the payment of intermediate payments at each of the above stores, the Deceased took out loans from Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) for KRW 19,200,000 on June 17, 2005, and KRW 19,200,000 on August 30, 2005, respectively.

C. Meanwhile, Defendant B, C, D, E, F, and G jointly and severally guaranteed the deceased’s obligations to Seoul Mutual Savings Bank.

On July 5, 2007, the Deceased and G cancelled the sales contract for each of the stores of this case.

E. Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as the bankruptcy trustee. Defendant A as the deceased’s child and as the sole inheritor.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination as to the request for loans

A. The plaintiff is jointly and severally liable to the defendants to pay the principal and interest of loans of KRW 54,538,478 as well as the principal and interest of KRW 38,40,000 as damages for delay. Thus, according to the above facts, the defendants are jointly and severally liable to pay the principal and interest of loans to the plaintiff, barring any special circumstance.

B. According to the evidence Nos. 5 and 6 evidence Nos. 5 and 6, it can be recognized that the obligation of the deceased to pay the principal and interest of loan becomes due on June 17, 2006 and August 30, 2006. The entries of evidence Nos. 1 and 2 alone are insufficient to reverse the above recognition and there is no other counter-proof.

Therefore, barring any special circumstance, the deceased’s respective principal and interest obligations against Seoul Mutual Savings Bank, a commercial obligation, to the Seoul Mutual Savings Bank, shall be the principal and interest obligations of the deceased, before May 30, 2014 in which the instant lawsuit was brought.

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