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(영문) 서울중앙지방법원 2016.02.02 2015가단5003498
대여금 등
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. The facts that the Defendants were married, and the Plaintiff leased KRW 85 million to Defendant B until February 27, 2014 (hereinafter “instant loan”). The facts that Defendant B was declared bankrupt on March 23, 2015 are either disputing parties, or that the entire purport of the pleadings is acknowledged in light of each of the statements in subparagraphs 1, 3, and 1, 2015.

2. We examine whether the plaintiff's action against the defendant B is legitimate ex officio in determining the claim against the defendant B.

The Plaintiff requested Defendant B to pay the instant loan.

However, any property claim that occurred before the debtor is declared bankrupt is a bankruptcy claim (Article 423 of the Debtor Rehabilitation and Bankruptcy Act), and any bankruptcy claim cannot be exercised without resorting to bankruptcy procedures.

(Article 424 of the above Act). The fact that Defendant B was declared bankrupt on March 23, 2015 and the claim for the instant loan was based on the cause before the bankruptcy decision is as seen above. Thus, the Plaintiff may exercise the above claim only through bankruptcy proceedings.

Therefore, the plaintiff's lawsuit against the defendant B is unlawful.

3. Determination as to the claim against Defendant C

A. (1) Determination as to the primary assertion (1) The Defendants asserted are married couple, and Defendant C is jointly and severally liable for reimbursement with the loan of this case. Thus, Defendant C shall jointly and severally pay 85 million won and delay damages to the Plaintiff with Defendant B.

(2) The facts that the Defendants are married couple are as mentioned above, and according to the evidence Nos. 1 and 3, Defendant B prepared a loan certificate on October 26, 2012 and delivered it to the Plaintiff by stating “DC with a new deposit passbook”, Defendant B prepared a loan certificate on February 27, 2014, stating that “I will borrow a deposit passbook on the date of confirmation of the deposit passbook” and deliver it to the Plaintiff by stating that Defendant C’s mobile phone number also entered.

However, the Defendants.

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