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(영문) 수원지방법원 2015.05.29 2013가합20703
대여금
Text

1. The rehabilitation claims of Plaintiff A, 163,619,286 won, and the rehabilitation claims of Plaintiff A from March 12, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiffs were the members of the D church.

B. The above church requires money to build a new church building, and upon completion of the building to the members of the above church including the plaintiffs, the above church borrowed money from the plaintiffs, etc. by requesting them to lend money necessary for the construction of the church building as collateral, and the above church building was completed on August 2010.

C. On September 23, 2013, the Plaintiffs filed a lawsuit seeking a loan, etc. against the said church. On January 2, 2014, the said church filed an application for rehabilitation with this court (2014 Gohap 1), and this court decided to commence rehabilitation proceedings on March 12, 2014.

Although the plaintiffs reported their claims in the above rehabilitation procedure, they did not object to the above report of claims on May 7, 2014 by the defendant who was appointed as a legal administrator of the above church, and the plaintiffs filed an objection against the defendant who is an objection pursuant to Article 172 of the Debtor Rehabilitation and Bankruptcy Act on May 27, 2014.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence Nos. 20 and 21, the purport of the whole pleadings

2. As to the plaintiff A's claim

A. 1) The above church (hereinafter the above church for convenience) refers to the defendant.

(2) The Plaintiff and the Defendant agreed to pay the interest on the loan to the Defendant upon receiving the loan from the bank, and the Defendant agreed to pay the interest on the loan directly to the said bank on July 8, 2009. Thereafter, the said Plaintiff’s apartment Nos. 102, 1803 (hereinafter “Plaintiff A’s apartment”).

B obtained a loan of KRW 150 million from the National Bank as security, and around July 10, 2009, lent the above loan to the Defendant, and around March 8, 2011, additionally lent KRW 6 million to the Defendant.

However, the Plaintiff did not pay interest on loans to the above national bank that the Defendant agreed to pay. The said Plaintiff did not pay interest on July 22, 201; KRW 1,472,341; KRW 840,821 on August 22, 2011; KRW 786,575 on September 20, 201; and KRW 138,575 on September 20, 201.

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