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(영문) 전주지방법원 2015.08.21 2014가합5189
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. B obtained a loan from the Bank of Korea (hereinafter “Korea Bank”), on December 18, 2006, with the payment period of KRW 240,000,000 as of December 18, 2008, with the interest rate of KRW 11.23% per annum (hereinafter “the first loan”), and 400,000,000 as of the same day from the payment period of KRW 400,000 on December 18, 2009, with the interest rate of KRW 8.36% per annum (hereinafter “the second loan”), and the overdue interest against the instant loan agreed to comply with the interest rate set by the Bank of Korea.

The defendant set the guarantee limit amount to KRW 288,00,000 for the first loan obligation, and set the guarantee limit amount to KRW 480,000 for the second loan obligation as KRW 480,000.

B. B did not pay interest on the instant loan, thereby losing the benefit of the due date. On December 28, 2007, our bank transferred the instant loan claim to the Plaintiff and notified the transfer of the claim to B on January 8, 2008.

C. The loan of this case is KRW 468,22,081 [= KRW 409,384,532 of the second loan of KRW 58,837,549 (Damages 58,837,549)] as of July 22, 2014 (= Principal KRW 133,204,010 for delay delay damages of KRW 276,180,522). The interest rate on arrears determined by the Bank from December 28, 2007 to December 28, 2007 is 19% per annum. [Grounds for recognition] There is no dispute. The evidence Nos. 1 through 5 (Additional number is included therein, and the purport of each of the arguments as well as the purport of the whole pleadings.

2. Determination as to the legitimacy of the instant lawsuit

A. With respect to the Plaintiff’s claim against the Defendant for the performance of the collateral guarantee obligation against the instant loan, the Defendant asserts that the Defendant was exempted from the Defendant’s collateral guarantee obligation against the Plaintiff on the grounds that the Defendant was declared bankrupt by the court and was granted immunity.

The debtor who is exempted from liability under the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act.

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