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(영문) 울산지방법원 2019.09.10 2019가단102047
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 31, 2015, the Plaintiff, by lending KRW 100 million to the Defendant, drafted a notarial deed of a debt repayment contract (hereinafter “notarial deed of this case”) stating that the said loan (hereinafter “instant loan”) will be repaid in installments as follows.

B. The provisions on the loss of benefit of time of the Notarial Deed of this case are as follows.

Article 6 (Loss of Maturity) If an obligor falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit within the time limit for the obligation of the borrowed money, and immediately repay all of the remainder of the obligation, even if no notification or peremptory notice

1. When an application for the bankruptcy, the commencement of composition or the commencement of company reorganization procedures has been made on the debtor;

2. When the debtor is subject to a disposition of suspension of transaction by the creditor bank;

3. When the debtor falls under any of the following subparagraphs when the debtor delays the payment of the funds or installments, the debtor shall, upon the request of the creditor, lose profits arising from the repayment of the funds borrowed above, and immediately repay the remainder in full, upon the request of the creditor:

1. When the debtor has received a request for compulsory execution, provisional seizure, provisional disposition or auction from a third person;

2. When a debtor is subject to a disposition of seizure for tax in arrears; and

3. Where the debtor violates the provisions of this contract;

C. The Defendant paid a total of KRW 15.2 million by October 7, 2008 and did not pay a installment payment thereafter, and the unpaid principal is KRW 84.8 million.

On June 4, 2012, the plaintiff filed a request for entry in the defaulters' list against the defendant (U.S. District Court 2012Kao2703). On June 4, 2012, the court of execution decided to enter the defendant in the defaulters' list.

On the other hand, the Plaintiff filed an application against the Defendant for the specification of property (the same court No. 2018Kao 50120) and the Defendant appeared on May 14, 2018 and submitted the list of property at the date of specification of property.

[Grounds for recognition] A.1.

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