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(영문) 서울동부지방법원 2019.12.19 2018가합1016
전부금
Text

1. Of the instant lawsuit, the part of the claim against Defendant B is dismissed.

2. The plaintiff's defendant C.

Reasons

1. Basic facts

A. Defendant B’s borrowing of money and issuance of this case’s Promissory Notes (1) to borrow KRW 3 billion each of the KRW 1.5 billion from the Plaintiff and D Co., Ltd. (hereinafter “D”). Defendant B received KRW 1.5 billion each of the KRW KRW 1.5 billion from the Plaintiff around May 13, 2009, KRW 250 million around May 14, 2009, KRW 1.5 billion around May 19, 2009, KRW 1.5 billion each of the KRW 75 billion from D around May 14, 2009, KRW 750 million from May 14, 2009, KRW 750 million from D around May 19, 2009, KRW 75 billion from May 19, 2009, KRW 7500 million from May 19, 2009, respectively.

(2) In order to secure the above loan obligation, Defendant B prepared and executed a bill of payable at sight (hereinafter “instant bill”) with D as the addressee and with D’s face value of KRW 4.5 billion, the issue date, May 13, 2009, the issue date, the place of payment, and the place of payment, each of which is the Seoul Special Metropolitan City (hereinafter “instant bill”). Defendant C signed and sealed the instant bill as the joint issuer.

(3) On June 25, 2009, Defendants, E, and F made and issued to D a notary public a notarial deed of recognition of compulsory execution against the instant bill under No. 77 of Law Firm G certificate No. 2009.

(hereinafter referred to as “instant notarial deed”). (b)

Defendant B’s corporate rehabilitation (1) filed an application for rehabilitation procedures with the Seoul Rehabilitation Court 201 Gohap130 on October 12, 201, and received a decision to authorize the rehabilitation plan on November 10, 201 after receiving a decision to commence rehabilitation procedures from the above court on March 30, 2012.

(2) In the instant rehabilitation procedure, the Plaintiff and D reported each of the instant loan claims as rehabilitation claims. According to the finalized rehabilitation plan, the Plaintiff’s loan claims amounting to KRW 540,500,000, and D’s loan claims amount to KRW 543,080,986, respectively.

(3) The instant rehabilitation procedure was completed on May 30, 2014.

C. The Plaintiff’s claim seizure and all (1) Meanwhile, the Plaintiff filed a lawsuit against D seeking the return of loan under Seoul Northern District Court 2015Gahap1189, and “D on August 13, 2015” was KRW 675,00,000, and the Plaintiff.

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