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(영문) 대구지방법원 2016.12.23 2016가단113341
대여금
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B shall pay to the Plaintiff KRW 46,000,000 as well as the Plaintiff’s September 2, 2006.

Reasons

1. Facts of recognition;

A. On September 21, 2006, the Daegu District Court rendered a ruling that the loans [the Defendants jointly and severally against the Plaintiff, and the Defendant B shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from September 5, 2006 to the date of full payment], and the above ruling became final and conclusive around that time.

B. The Plaintiff filed the instant lawsuit for the extension of the statute of limitations for the claim for the said final judgment amount.

[Reasons for Recognition] Facts that Gap's evidence Nos. 1 and the whole purport of the pleading (Defendant B) are not disputed (Defendant C)

2. The assertion and judgment

A. According to the above facts of recognition against Defendant C, barring any special circumstance, Defendant C is obligated to pay to the Plaintiff the above KRW 36 million and the amount calculated by the rate of 20% per annum from September 5, 2006 to the date of full payment.

In regard to this, Defendant C made a defense of the bankruptcy immunity, and according to the written evidence evidence Nos. 1 through 4, Defendant C submitted a list of the claims of the Plaintiff and applied for bankruptcy immunity. On July 20, 2016, the Daegu District Court declared bankruptcy against Defendant C in the Daegu District Court’s declaration of bankruptcy on July 20, 2016, 2016, 2016, 2015, 503, and 503, and the said decision of immunity became final and conclusive as of October 5, 2016.

Thus, the obligor who has been exempted is exempted from all obligations to the bankruptcy creditor except the distribution under the bankruptcy procedure (main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act). Thus, the Plaintiff’s claim against the Defendant C does not have the benefit of lawsuit.

B. According to the above facts of recognition as to Defendant B, Defendant B is obligated to pay to the Plaintiff the above KRW 46,000,000 and 20% interest per annum from September 5, 2006 to the date of full payment.

3. Accordingly, the Plaintiff’s lawsuit against the Defendant C is dismissed as unlawful, and the Plaintiff’s claim against the Defendant B is with merit.

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