logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2020.02.18 2019가단2918
대여금
Text

1. The defendant shall pay to the plaintiff KRW 38,00,000 as well as 5% per annum from September 1, 2009 to November 6, 2009.

Reasons

1. Facts of recognition;

A. The Plaintiff respectively lent KRW 10,00,000 to the Defendant on December 7, 2007, KRW 10,000,000 to January 2008, and KRW 20,00,000 to early April 2008.

On April 24, 2008, the Defendant agreed to pay the Plaintiff the above KRW 38,000,000 by August 31, 2008.

B. On December 9, 2008, the Defendant filed an application for bankruptcy and exemption with the Jeju District Court (2008Hadan998, 2008 Ma9988) on April 15, 2009, which became final and conclusive on April 30, 2009 after having been declared bankrupt on April 15, 2009, and was decided on July 20, 209 (hereinafter “instant decision on exemption”) and confirmed on August 4, 2009.

However, in the above bankruptcy and exemption procedure, the defendant entered only the claims against the defendant of C, D, E, F, Enterprise Bank, and G in the creditor list and entered only the claims against the defendant in the creditor list, and the plaintiff's above claims against the defendant.

(1) The loan or agreed amount claim under subsection (1) of this section (hereinafter referred to as the "claim of this case") was not stated.

C. On October 27, 2009, the Plaintiff filed an application with the Jeju District Court (2009j3397) for the payment order against the Defendant, stating that “the Defendant would pay the Plaintiff the above loans or the agreed amount of KRW 38,000,000,000 with 5% per annum from September 1, 2009 to the delivery date of the original copy of the payment order, and 20% per annum from the next day to the delivery date of the original copy of the payment order,” and received the payment order as of November 3, 2009.

On November 6, 2009, the defendant served the original copy of the above payment order, and raised an objection against the payment order on November 11, 2009. On December 7, 2009, the Jeju District Court (2009DaDa22562) concluded the pleadings on April 2, 2010, and declared a judgment accepting the plaintiff's claim on April 23, 2010. The above judgment became final and conclusive on June 3, 2010.

(hereinafter referred to as “the final judgment of this case”). [Grounds for recognition] / [The grounds for recognition] / The fact that there is no dispute, Gap evidence 1, Gap evidence 2-1, 2, Eul evidence 1, 2-2, and the purport of the whole pleadings.

2. The defense prior to the merits.

arrow