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(영문) 수원지방법원안양지원 2015.04.08 2014가단110233
대여금
Text

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

2. Defendant B Co., Ltd. shall be KRW 50,000,000 and this shall apply to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 and 2, taking into account the whole purport of the pleadings:

On February 26, 2009, the Plaintiff lent KRW 100,000,00 to Defendant B Co., Ltd. (hereinafter “Defendant Company”) without fixing the due date, and Defendant C jointly and severally guaranteed the Defendant Company’s obligation to borrow money.

B. The Defendant Company paid the Plaintiff KRW 50,000,000 in total, around April 17, 2009, and KRW 30,000,000 in total, around May 6, 2009, and still did not pay the remainder of KRW 50,00,000 (hereinafter “the instant loan”).

2. A claim on property arising from a cause that occurred before the debtor is declared bankrupt, namely, a bankruptcy claim becomes final and conclusive when immunity is granted against the bankrupt, barring any special circumstance, to the effect of immunity, and to the effect of the right to institute a lawsuit and the power of executory power, which ordinarily holds natural obligations, barring any special circumstance.

In full view of the purport of the entire pleadings in the statement in the evidence Nos. 1 through 3 of this case, Defendant C applied for bankruptcy and exemption from liability on January 29, 2013 by the Seoul Central District Court 2013Hadan890, 2013Ma890 and 2013Ma890, and received the adjudication of bankruptcy on May 7, 2013 from the above court, and the adjudication of exemption from immunity on November 25, 2013, and the above decision of exemption from immunity was finalized on December 11, 2013, and in the above bankruptcy and exemption case, the loan claim of this case was not included in the creditor list. Thus, insofar as there is no reflective evidence that Defendant C omitted the loan claim of this case in bad faith in the above bankruptcy and exemption case, the Plaintiff’s claim against Defendant C against the above decision of exemption from liability becomes final and conclusive.

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