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(영문) 전주지방법원 2016.02.02 2015가단25268
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On February 23, 2010, the former Savings Bank Co., Ltd. (hereinafter “former Savings Bank”) extended a loan of KRW 365 million to B by setting the interest rate of KRW 10.9% per annum and February 23, 2013 due date (hereinafter “instant loan”). The Defendant jointly and severally guaranteed the instant loan obligations against the former Savings Bank within the limit of KRW 474.5 million.

In addition, in order to secure the claim for the loan of this case on the same day, the Jeonyang Savings Bank established the right to collateral security (hereinafter “mortgage security”) of KRW 475 million with respect to apartment complexes located in Jeonyang-gu, Seoul, which are jointly owned by B and the Defendant at the ratio of 1/2 of the share.

B. On September 5, 2011, the former Savings Bank, which was under business management, was subject to a decision of transfer of contracts by the Financial Supervisory Commission, and the status as the creditor of the instant loans against B and the Defendant was succeeded to the Plaintiff.

C. As of January 30, 2015, the principal and interest of this case as of January 30, 2015 are KRW 118,802,618 (=principal KRW 22,093,389, KRW 96,709,229).

On the other hand, on September 4, 2014, the Defendant filed an application for bankruptcy and exemption with the Seoul Central District Court 2014, 8976, 2014Hadan8976, and received a decision of exemption from immunity from the above court on December 18, 2014 (hereinafter “instant decision of exemption from immunity”), and the said decision of exemption became final and conclusive on January 3, 2015.

E. The list of creditors prepared and submitted by the Defendant to the court while filing an application for bankruptcy and exemption is indicated in the joint and several surety claim (main obligor B) 33,535,894 won on September 14, 2010, but the instant loan claim is missing.

【In the absence of a dispute over the grounds for recognition, the entries in Gap evidence 1 through 4 (including those with a serial number), Eul evidence 1 through 3 (including those with a serial number), and the purport of the whole pleadings

2. As to the Defendant’s claim for the payment of the loan of this case against the Defendant, a joint and several surety, the Defendant granted the exemption decision of this case.

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