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(영문) 울산지방법원 2017.06.14 2017가단1584
대여금
Text

1. The defendant shall pay 25 million won to the plaintiff and 24% per annum from February 24, 2017 to the day of complete payment.

Reasons

1. Comprehensively taking account of the evidence evidence No. 1 and the purport of the entire pleadings as to the cause of the claim, the Defendant may recognize the fact of borrowing KRW 25 million from the Plaintiff on March 5, 2015 by setting the interest rate of 24% per annum and the due date until March 5, 2016.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 25 million and damages for delay calculated at the rate of 24% per annum, which is the agreed interest rate, from February 24, 2017 to the date of full payment, which is the day following the delivery date of the instant complaint sought by the Plaintiff.

2. The defendant's argument on the defendant's assertion asserts that the principal debtor of the loan of this case is C and himself is merely a joint and several surety for the above debt.

However, there is no evidence to prove the facts of the defendant's assertion, and even if the defendant is a joint and several surety of the loan of this case, the defendant is obligated to pay the loan to the plaintiff as a joint and several surety.

Next, the defendant is granted immunity, and thus, the plaintiff's claim is unjust.

The effect of immunity on a bankruptcy claim (Article 566 of the Debtor Rehabilitation and Bankruptcy Act), and a bankruptcy claim means a claim on the property arising from a cause which occurred before the debtor is declared bankrupt.

(Article 423 of the same Act) In full view of the facts as seen earlier and the purport of the entire pleadings, the Defendant was granted immunity on December 30, 201, and the Plaintiff’s claims are known that occurred after immunity is granted. Accordingly, the effect of immunity does not extend to the relevant claims.

The defendant's assertion on this part is without merit.

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