logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.08.19 2015가단48358
대여금반환
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On December 31, 2009, the Defendant received KRW 30 million from the Plaintiff’s Asia, KRW 32 million on the same day from the Plaintiff, and KRW 15 million on April 26, 2010, respectively.

The defendant shall pay to the plaintiff KRW 40 million until December 31, 2010.

“Formed the loan instrument and the instrument stating that “a repayment shall be made not later than September 30, 2010,500,000 won,” respectively.

B. On January 14, 2011, the Defendant reported to the Plaintiff’s marriage with C, and transferred to the husband and wife, and filed a divorce lawsuit with the Seoul Family Court 2013Ddan85601, and on June 26, 2014, the conciliation of divorce with C was established with the said court.

C. On April 10, 2014, the Defendant filed an application for bankruptcy immunity with the Seoul Central District Court 2014Hadan3747, and was declared bankrupt on December 19, 2014. On January 20, 2015, the Defendant was granted immunity as the same court 2014Ma3747, and the decision of exemption became final and conclusive on February 4, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1, Eul 1, Eul 1, 3, 4, and 6, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion asserts that the defendant should pay to the plaintiff the amount of KRW 77 million and damages for delay, since the plaintiff lent to the defendant the amount of KRW 62 million on December 31, 2009 and KRW 15 million on April 26, 2010.

In this regard, the defendant asserts that the amount borrowed from the plaintiff is KRW 45 million and that the above obligation was exempted.

B. 1) According to the above facts, a loan claim asserted by the Plaintiff constitutes a bankruptcy claim against the Defendant, which is a property claim arising from a cause arising prior to the declaration of bankruptcy. Where a decision to permit the discharge of liability against the debtor becomes final and conclusive, the debtor is exempted from liability for the whole of his/her obligations to the bankruptcy creditor, and in such a case, the bankruptcy claim becomes a natural obligation and loses the ability and executory power of filing a lawsuit that has ordinary claims. 2) The Plaintiff knows the existence of the Plaintiff’s loan claim at the

arrow