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(영문) 서울북부지방법원 2016.01.08 2015가단33431
대여금
Text

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

Defendant C is jointly and severally liable to the Plaintiff with Defendant C for 30,000,000.

Reasons

1. Basic facts

A. On July 6, 2007, the Plaintiff loaned KRW 30,000,00 to Defendant B. The Defendant B concluded a loan agreement with KRW 2,000,000 each from July 31, 2007 to December 31, 2007, KRW 300,000, KRW 500,000 each from January 2008 to April 2012, and KRW 200,000 each from April 31, 200, and KRW 20,000 each from December 31, 2012 to December 31, 2012.

B. Defendant C jointly and severally guaranteed Defendant C’s above loan obligation against the Plaintiff.

C. The Defendants did not perform the obligation to repay under the above loan for consumption.

Defendant B received a decision to commence individual rehabilitation during the proceeding of this case, and entered the Plaintiff’s claim in the list of creditors in the above individual rehabilitation procedure, and the claim of this case against the Plaintiff was confirmed as individual rehabilitation claim against Defendant B because the Plaintiff did not raise any objection thereto.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. According to Articles 600(1)3 (main sentence), 603, and 604 of the Debtor Rehabilitation and Bankruptcy Act, when a decision to commence individual rehabilitation procedures has been rendered, all acts of receiving or demanding repayment of individual rehabilitation claims specified in the list of individual rehabilitation creditors shall not be performed, and the confirmation of individual rehabilitation claims shall be based on an objection to the details of the list of individual rehabilitation creditors and the final judgment on the final judgment on the individual rehabilitation creditors; where any confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry shall have the same effect as the final judgment; when a decision to discontinue individual rehabilitation procedures has become final and conclusive, any individual rehabilitation creditor may perform compulsory

(See Supreme Court Decision 2013Da42878 Decided September 12, 2013). According to the above facts of recognition, Defendant B.

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