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(영문) 서울남부지방법원 2018.06.01 2017나52236
대여금
Text

1. The judgment of the first instance, including the plaintiff's conjunctive claim added in this court, is as follows.

Reasons

1. Basic facts

A. The Defendant’s rehabilitation proceeding (1) on November 10, 2008, filed an application for rehabilitation with the Seoul Central District Court (former Seoul Rehabilitation Court) No. 2008dan58 on November 10, 2008, and was ordered to commence the rehabilitation proceeding on December 12, 2008.

(2) The defendant received a decision to authorize the rehabilitation plan on June 2, 2009.

The final and conclusive rehabilitation plan provides that the amount of 276,00,000 won out of the 400,000,000 won of the rehabilitation claim of the plaintiff, which is the time limit, shall be exempted, and the remaining amount of 124,00,000 won shall be the amount of the claim to be repaid after the change of rights, and the above amount of 124,00,000 won shall be paid in installments over ten years from 209 to 2018.

(3) On June 29, 2012, the Defendant received a decision to terminate the rehabilitation procedure on the ground that the Defendant repaid 100% of the bonds the maturity date of which has arrived by 2011 under the rehabilitation plan.

B. On November 17, 2014, the Defendant written a letter of payment (Evidence A No. 1) on the part of the Plaintiff, stating that “The amount of borrowed money is KRW 160,000,000 per day (Won 160,000,000), the Defendant would pay to the Plaintiff KRW 0,000,000,000 per day borrowed from the health insurance amount to the obligee during the discharge of the health insurance amount, and the remainder of KRW 0,000,000,000 per month will pay the Plaintiff the principal and interest KRW 3,00,000 per month to the obligee until the full payment is made. If the obligation is not fulfilled, the Defendant written a “written statement” (Evidence A No. 1) stating that any legal measure will be taken.

(hereinafter referred to as “instant letter of payment”). [The grounds for recognition] The fact that there is no dispute, Gap evidence No. 1, Eul evidence No. 1 to 4, and the purport of the whole pleadings.

2. The parties' assertion

A. (1) On September 9, 2006, when the Defendant borrowed KRW 410 million from the Industrial Bank of Korea at the Industrial Bank of Korea, the Plaintiff offered land and buildings C (hereinafter “C real estate”) as collateral upon the Defendant’s request.

However, at the beginning of November 2008, the defendant changed the name of the above loan obligor from the defendant to the plaintiff.

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