(영문) 전주지방법원 2018.07.06 2017나9384 | 리걸엔진

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(영문) 전주지방법원 2018.07.06 2017나9384

대여금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendants on July 16, 1997, asserting that the Jeonju District Court Decision 2007Gada107183 stated that “the Defendants paid interest of KRW 20 million at a rate of 20% per annum and on September 15, 1997,” and the said court rendered a judgment on April 24, 2008 that “the Defendants jointly and severally pay to the Plaintiff the amount of KRW 20 million and the amount of interest calculated at the rate of KRW 20% per annum from December 28, 2007 to the date of full payment,” and the said judgment became final and conclusive on May 24, 2008.

B. Defendant B filed a bankruptcy and application for immunity with the Jeonju District Court No. 2013Hadan475 and 2013do475, and was granted immunity on February 12, 2015 after having been declared bankrupt on October 16, 2014. The exemption exemption became final and conclusive on February 28, 2015.

Defendant C was declared bankrupt on January 13, 2014 and granted immunity on May 20, 2014 after having been declared bankrupt on January 13, 2014. Defendant C became final and conclusive on June 6, 2014.

C. On the other hand, in each of the above bankruptcy and exemption procedures, the plaintiff's above loan claims against the defendants (hereinafter "the plaintiff's loan claims of this case").

(D) The Plaintiff filed the instant lawsuit on February 9, 2017 for the extension of the statute of limitations for the instant claim. [Grounds for recognition] The Plaintiff did not dispute, Gap evidence 1, Eul evidence 2, and 3 (each of the items, including each number, and the purport of the entire pleadings).

2. Determination as to the legitimacy of the instant lawsuit

A. The plaintiff asserts that the plaintiff filed a lawsuit against the defendants in order to extend the prescription period of the claim of this case, which was judged in favor of the defendants, and that even if the defendants received the decision of bankruptcy and immunity, the claim of this case should be excluded from the scope of immunity because it was omitted in the creditor list in the bankruptcy and immunity procedure of the defendants.

As to this, the Defendants are against the Plaintiff as the bond company in order to raise business funds.

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