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(영문) 서울북부지방법원 2017.05.23 2016가단3277
면책확인
Text

1. The Defendant’s debt loan case (Seoul Northern District Court Decision 2010Kadan1699, April 29, 2010) against the Plaintiff is enforceable.

Reasons

1. Basic facts

A. On December 30, 1999, the Defendant lent to the Plaintiff, C, and D (hereinafter “Plaintiff, etc.”) a total of KRW 30 million over three times on April 1, 1996, 197, and December 10, 1997, each of which was KRW 30 million (hereinafter “loan Claim”). At the time the Plaintiff, etc. and E jointly issued three copies of promissory notes with the payee as the Defendant, and filed a lawsuit against the Plaintiff, etc. seeking payment of the loan on the ground that the said amount was notarized until December 10, 1997.

The above court of the same year

1. On 20. 20. The plaintiff et al. served a copy of the complaint, the response question, and the summons of the date for pleading of the case by service by public notice, and the pleading was proceeding.

3. 8. 8. On March 22, 2000, the court rendered a judgment that “the Plaintiff, etc. shall jointly and severally pay 90 million won and 25% interest per annum to the Defendant during the period from February 5, 2000 to the date of full payment” (hereinafter “the judgment prior to the instant lawsuit”).

On the 30th of the same month, the above court served the plaintiff et al. by means of service, and the above judgment became final and conclusive on April 20, 200.

B. On January 12, 2010, the Defendant filed a loan lawsuit against the Plaintiff, etc. by Seoul Northern District Court 2010Kadan1699 for the extension of the statute of limitations for the judgment on the previous suit of this case. The Defendant was served with F with a copy of the complaint against the Plaintiff.

On April 29, 2010, the above court rendered a ruling that “the Plaintiff, etc. shall jointly and severally pay to the Defendant the amount of KRW 90,000,000 and 25% interest per annum from February 5, 200 to the date of full payment” (hereinafter “the judgment in the subsequent suit”) and received the authentic copy of the judgment against the Plaintiff.

C. Meanwhile, on January 29, 2009, the Plaintiff filed a bankruptcy and application for immunity with the District Court No. 2009Hadan489, 2009 and 489 on June 19, 2009.

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