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(영문) 인천지방법원 2015.01.30 2014가합10812
면책확인
Text

1. From May 1, 2014, with respect to KRW 109,874,290 against the Defendant and KRW 25,932,60 among the Plaintiff’s damages for delay.

Reasons

Basic Facts

The following facts shall not be disputed between the parties, or may be acknowledged by comprehensively taking into account the respective entries in Gap evidence 1 through 4 and the purport of all pleadings:

From February 5, 1998 to February 8, 1998, the Defendant lent KRW 25,932,600 in total by discounting bills and checks possessed by the Plaintiff on six occasions (hereinafter “instant loan”).

The defendant filed a lawsuit against the plaintiff with Dong Branch of Seoul District Court 99da52580, which sought the payment of the loan of this case, and was ruled in favor of the above court on May 16, 2000 that "the plaintiff shall pay to the defendant 25,932,600 won and interest rate of 25% per annum from April 3, 2000 to the day of full payment." The above judgment became final and conclusive on June 8, 200.

For the interruption of extinctive prescription of the instant loan claim, the Defendant filed a lawsuit seeking the instant loan with Seoul Eastern District Court 2010Kadan157, and received a favorable judgment from the above court on May 19, 2010, stating that “the Plaintiff shall pay 25% per annum from April 3, 2000 to December 31, 2009; 5% per annum from the next day to March 12, 2010; and 20% per annum from the next day to the day of complete payment.” The judgment was served by service by public notice; and was finalized on June 8, 2010.

The Defendant, as of April 30, 2014, issued a seizure and collection order as to the Plaintiff’s deposit claims against the National Bank, etc. as of the Incheon District Court 2014TTT No. 17595, the sum of principal and interest as of April 30, 2014, and KRW 109,874,290, and received a seizure and collection order from the above court.

On June 14, 2011, the Plaintiff filed a petition for bankruptcy and immunity with the Incheon District Court No. 201Hau3316, 201, 3311, and 3317. The Plaintiff filed a petition for immunity from the said court for bankruptcy and immunity, and filed a petition for immunity from the said court on October 12, 201, and on January 201.

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