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(영문) 서울중앙지방법원 2020.07.24 2019가단5127958
대여금
Text

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

2. Defendant B: (a) KRW 12,600,000 for the Plaintiff and its related expenses on April 15, 2013.

Reasons

1. Claim against the defendant B

(a)the indication of the claim is as set out in the annexed Form “reasons for Claim”;

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

2. Claim against Defendant C

A. Comprehensively taking account of the overall purport of the pleadings in the statements in Gap evidence Nos. 1, 4 through 7, Gap evidence No. 10, Eul evidence No. 11, Eul evidence No. 11, and Eul evidence No. 4, the following facts: ① The plaintiff (the plaintiff "D" and "E") on June 26, 2009 lent 20 million won interest rate of 2% per annum to the defendant C on June 26, 2009, repayment period of 10 months, repayment period of 10 months upon retirement; ② the defendant C retired from office on April 10, 2011 when the principal and interest of the above loan were repaid from monthly salary, and the remaining principal amount was deducted from the retirement allowance and did not repay 11,22,460 won, ③ the defendant C shall be granted immunity exemption from the above loan No. 271, May 11, 2017; and ③ the defendant C shall be granted exemption from the immunity of 2017,714.7

B. (1) As to the determination of the main defense of this case, Defendant C was exempted from the obligation to grant the above loan due to the exemption decision of this case, and thus, the lawsuit of this case is unlawful.

(2) (A) Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”) provides that “The debtor shall be deemed a bankruptcy claim in respect of any property claim arising before the declaration of bankruptcy,” and Article 566 of the same Act provides that “The exempted debtor shall be exempted from all liability for all obligations to the bankruptcy creditor, except for dividends arising from the bankruptcy proceedings.”

Provided, That the following claims shall be responsible:

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