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(영문) 광주지방법원순천지원 2015.12.17 2015가단4638
계금
Text

1. The claim against Defendant B among the instant lawsuit is dismissed.

2. The plaintiff's claim against the defendant D is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is the Plaintiff’s leader, Defendant B’s leader, and Defendant D’s mother.

B. On December 15, 2012, the Plaintiff organized the successful bid system that is operated in the form of receiving the highest amount of interest by participating in the bidding (i.e., the total amount - interest raised) (hereinafter “instant successful bid system”), and Defendant B subscribed as a fraternity to the instant successful bid system.

C. On March 15, 2013, the Plaintiff: (a) paid KRW 37.8 million (i.e., the maximum amount of KRW 50 million - interest KRW 12.2 million) to Defendant B, who purchased interest KRW 12.2 million on March 15, 2013; and (b) written a letter of loan stating that “the Defendant B shall pay KRW 2.5 million each month over 16 times” to the Plaintiff; (c) the letter of loan in this case includes the name of Defendant D as the guarantor.

Defendant B paid the Plaintiff KRW 2.5 million as monthly payment, KRW 2.5 million on May 2013, KRW 25 million on June 25, 2013, and KRW 6.7 million on July 1, 2013, and did not pay the remainder monthly payment until the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. We examine the legitimacy of the claim against the defendant B ex officio in determining the defendant B.

According to the evidence Nos. 1 through 5, Defendant B filed a bankruptcy and application for immunity with the Gwangju District Court 2013Hadan025943, 2013 02594, and 2013 02594, and the above court rendered a ruling of bankruptcy against Defendant B on December 20, 2013, and granted a ruling of immunity on April 10, 2014.

According to the above facts of recognition, the plaintiff's claim against the defendant B is a property claim arising from the cause before the bankruptcy is declared, and constitutes a bankruptcy claim.

The decision of this case becomes final and conclusive and the decision of immunity against the defendant B is made.

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