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(영문) 서울동부지방법원 2017.05.19 2016가단40973
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 45,00,000 and 25% per annum from August 22, 1997 to January 12, 1998.

Reasons

1. In addition to the purport of the argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff filed a lawsuit against the defendants as Seoul Eastern District Court 2006Da62684, Dec. 26, 2006 by raising a loan claim against the defendants, and the above court on Dec. 26, 2006 "the defendant jointly and severally liable to the plaintiff for 45 million won and 25% per annum from August 22, 1997 to January 12, 1998; 5% per annum from the next day to May 31, 2003; 20% per annum from the next day to the day of complete payment; 30% per annum from the next day to the day of complete payment; 1.5% per annum from the next day to the day of complete payment; 205% per annum from the day of the above judgment to the day of complete payment; 3.5% per annum from the day after the above judgment to the day of complete payment.

2. Determination as to Defendant B’s defense

A. On April 11, 2011, Defendant B filed an application for bankruptcy and immunity with the Suwon District Court Decision 2010Hadan1920, 2010Ma1920, 2010, Defendant B became final and conclusive around that time.

B. The Plaintiff’s loan claims were omitted in the list of creditors submitted by Defendant B in the above bankruptcy and exemption procedure.

[Reasons for Recognition: Facts without a dispute, the purport of the whole pleadings]

B. The summary of the parties’ assertion is that Defendant B was unaware of the existence of the obligation to borrow the instant loan to the Plaintiff at the time of the bankruptcy or exemption, and did not intentionally omit it in the creditor list. Thus, the obligation to borrow the instant loan is above.

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