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(영문) 대전지방법원천안지원 2015.07.21 2015가합321
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 105,00,000 and to Defendant B and Defendant F with respect thereto from May 2, 2011.

Reasons

Basic Facts

On April 19, 2011, the Plaintiff loaned KRW 230 million, including the interest of the Defendant, to the Defendants on July 12, 2011. The Defendants prepared a certificate of borrowing with respect to the said loan obligation, with the content that the Defendants jointly and severally liable for the joint and several liability. The Plaintiff paid KRW 20 million to Nonparty H, designated by the Defendants, KRW 20 million, May 2, 201, KRW 215 billion, and KRW 215 million.

On May 7, 2013, the Plaintiff agreed to deduct KRW 110 million from the principal of the Plaintiff’s loan claims against the Defendants, when purchasing H’s real estate in KRW 110 million.

[Ground of recognition] Defendant C and F: Evidence No. 1, Evidence No. 2, evidence No. 3-1, and evidence No. 3-2, and the purport of the entire pleadings against the remaining Defendants: According to the above basic facts as to the allegations and judgment by a confession by absence from the date of pleading (Article 208(3)2 of the Civil Procedure Act), the Defendants are jointly and severally liable to pay to the Plaintiff the interest or delay damages at a rate of 1.5 million won per annum from May 2, 2011 to the date on which the copy of the complaint of this case was delivered to each of the Defendants from May 2, 2011 to the date on which the copy of the complaint of this case was delivered to each of the Defendants, and each of the interest or delay damages at a rate of 20 million won per annum under the Act on Special Cases Concerning the Facilitation, etc. of Legal Proceedings from the next day to the date on which the copy of complaint of this case was fully paid.

Defendant C’s assertion argues that Defendant C’s obligation against the Plaintiff arising from the cause prior to the declaration of bankruptcy was exempted, since Defendant C was declared bankrupt on September 5, 2013 by the District Court and was granted immunity on March 14, 2014.

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 4, the Defendant filed an application for bankruptcy and application for immunity with the District Court 2012Hadan2746 and 2012, the Defendant filed a bankruptcy and application for immunity with the District Court 2743, and filed the said Court.

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