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(영문) 창원지방법원진주지원 2019.09.18 2018가단6842
대여금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Between the Plaintiff and the Defendant’s wife C, a notary public D No. 1335 of June 3, 1998, stating that “C borrowed KRW 38 million from the Plaintiff on March 9, 1998 at the rate of interest rate of June 9, 1998 and rate of 25% per annum” was drafted, which read “The No. 1335 of this case’s No. 135” (hereinafter “instant No. notarial deed”).

In the notarial deed of this case, the defendant is written as joint and several sureties, and the plaintiff entrusted the preparation of the notarial deed as agent C and defendant.

(B) The Plaintiff’s claim against the Defendant (hereinafter “instant claim”).

On June 15, 2006, the Defendant filed an application for bankruptcy and discharge with Suwon District Court No. 2006Hadan5088, 2006Ka6104, and the above court decided the Defendant’s exemption on June 13, 2007, and the above exemption exemption became final and conclusive on June 29, 2007, and the Defendant did not enter the claim in the list of creditors.

C. On June 16, 2006, Suwon District Court No. 2006Hadan5140, 2006Ma6163 applied for bankruptcy and immunity. On September 7, 2007, the above court determined C’s immunity and the above immunity became final and conclusive on October 13, 2007, and C entered claims based on the Notarial Deed in the creditor list.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, 6, Eul evidence 1 to 9 (including additional numbers), the purport of the whole pleadings

2. Judgment on the defendant's main defense

A. The defendant has a duty to pay the above amount to the plaintiff, since the decision of immunity has become final and conclusive by filing bankruptcy and application for immunity with the Suwon District Court. Since the effect of immunity is limited to the claim of this case, the defendant is not obliged to pay the above amount to the plaintiff

B. 1) The Defendant filed an application for adjudication of bankruptcy and exemption under the Suwon District Court Decision 2006Hadan5088 and 2006Ma6104, and the above court decided the Defendant’s exemption on June 13, 2007, and the above exemption on June 29, 2007 became final and conclusive as seen earlier. However, the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Debtor Rehabilitation and Bankruptcy Act”).

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