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(영문) 창원지방법원 2019.04.03 2018가단12059
대여금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 130,000,000 as well as 20% per annum from August 31, 2008 to January 8, 2019.

Reasons

1. The description of “the cause of the modified claim” is as shown in the [Attachment of Claim].

(However, the creditor is deemed the plaintiff and the debtor as the defendant)

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

A. Defendant B asserted that it is impossible to respond to the Plaintiff’s claim due to the lack of sufficient means to repay, but such a reason does not constitute a ground to refuse the Plaintiff’s claim under law.

B. The Defendants did not dispute the existence or scope of the Plaintiff’s claim against the deceased E, and did not challenge the qualified acceptance (the Changwon District Court Branch Decision 2015Ma439). The Plaintiff accepted the aforementioned defense and revised the purport of the claim.

Since Defendant B also bears the guaranteed obligation, the defense of qualified acceptance does not affect the Plaintiff’s claim against Defendant B.

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