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(영문) 창원지방법원 2015.01.13 2014나7807
청구이의
Text

1. Revocation of a judgment of the first instance;

2. The defendant's loan case against the plaintiff 208Kawon District Court Decision 2008Gaso47203 dated 2008.

Reasons

1. Basic facts

A. On September 17, 2003, Samil Housing Co., Ltd. (hereinafter referred to as the “Troppy Housing”) borrowed 17,640,000 won from the Defendant at 12 months of the loan period, 15.8% of the loan interest rate, and 24% of the delayed interest rate, and the Plaintiff, B, and C jointly and severally guaranteed the above loan obligations against the Defendant of Samil Housing (hereinafter referred to as the “the guaranteed obligation against the Defendant”).

B. The Defendant filed a lawsuit against the Changwon District Court 2008Gagwon District Court 27203 against the Plaintiff, B, and C seeking the payment of the above loans, and on August 12, 2008, the Changwon District Court rendered a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) to the effect that “The decision on performance recommendation of this case against the Plaintiff was finalized on August 29, 2008 by the Changwon District Court 16,17,966 won jointly and severally against the Defendant and 7,603,778 won, which was calculated at the rate of 24% per annum from July 28, 2008 to the date of full payment (hereinafter “the decision on performance recommendation of this case”).

C. On December 9, 2008, the Plaintiff was declared bankrupt on September 30, 2009 and was granted immunity on July 7, 2010 (hereinafter “instant immunity exemption”), and the instant immunity exemption became final and conclusive on July 23, 2010.

However, while filing the above bankruptcy and application for immunity, the Plaintiff obtained a written confirmation of the debt of the guaranteed debt of this case from the Defendant and entered it in the list of creditors, but the procedure was conducted without being served on the Defendant as the Defendant’s name and address were not entered as the Defendant’s address column, and the immunity of this case became final and conclusive in the state where the guaranteed debt of

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 4, and 5 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion by the parties is also issued a debt certificate from the Defendant to the creditor list.

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