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(영문) 서울중앙지방법원 2016.07.06 2015가단209413
면책확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) received each of the following loans from the Defendant, and the Plaintiff, the representative director of the Nonparty Company, jointly and severally guaranteed each of the above loans against the Defendant of the Nonparty Company.

(1) A loan extended on November 29, 2004 (the maximum guarantee amount of KRW 65 million by the Plaintiff) No. 2 (the maximum guarantee amount of KRW 325,000,000 by the Plaintiff) No. 3: A loan extended on October 12, 2006 (the maximum guarantee amount of KRW 325,000,000 by the Plaintiff): A loan extended on July 9, 2008 (the maximum guarantee amount of KRW 130,000,000 by the Plaintiff): A loan extended on July 19, 2008 (the maximum guarantee amount of KRW 130,000,000 by the Plaintiff): A loan extended on August 19, 2008 (the maximum guarantee amount of KRW 130,000,000 by the Plaintiff).

B. The Plaintiff was declared bankrupt on January 7, 201 by filing a bankruptcy and application for immunity with the Daejeon District Court 2010Hadan473 and 2010Ha473, and was granted immunity on January 26, 2012 (hereinafter “instant bankruptcy and immunity exemption”).

C. At the time, the Plaintiff did not enter the Defendant in the list of creditors.

The defendant, on November 23, 2005, KRW 40,00 on November 24, 2009, KRW 212,50,00 on November 24, 2009, KRW 212,50,00 on November 24, 2009 with respect to the second loan, KRW 28,467,151 on November 30, 209, KRW 608,145 on July 23, 2010, and KRW 205,00 on the principal and interest of the loan, the plaintiff and the non-party company were paid KRW 8,5,00 on December 18, 209, KRW 201 on which the principal and interest of the loan were not claimed as the principal and interest of the loan, KRW 75,005,00 on November 24, 201, and the court of Seoul Central District Court claimed that the plaintiff and the non-party company were not the principal and interest of the loan.

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