(영문) 수원지방법원평택지원 2019.08.30 2019가단260

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(영문) 수원지방법원평택지원 2019.08.30 2019가단260

청구이의

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1. The loan case against the defendant was dated September 9, 2008 at the Suwon District Court in the Suwon District Court 2008 tea 1334.

Reasons

1. Basic facts

A. On September 9, 2008, the Defendant filed a payment order against the Plaintiff and the Plaintiff’s husband D with the Suwon District Court KRW 2008 tea1334 (hereinafter “instant payment order”) and issued a payment order stating that “The Plaintiff and D shall jointly and severally pay to the Defendant KRW 9,50,000 (hereinafter “the instant money”) and the amount at the rate of 49% per annum from January 1, 2008 to the date of full payment” (hereinafter “instant payment order”).

The instant payment order was served on the Plaintiff and D on September 16, 2008, and was finalized on October 1, 2008.

B. Meanwhile, the Plaintiff filed a petition with the Suwon District Court for bankruptcy and exemption (hereinafter “instant bankruptcy and exemption”) (hereinafter “instant bankruptcy and exemption”) and was declared bankrupt on July 8, 2009, and the exemption from immunity was finalized on December 21, 2010.

C. Paragraph 19 of the list of creditors submitted by the Plaintiff to obtain the above immunity is indicated as creditors by the representative director E of the Defendant, and the detailed contents of the claims are as listed below.

The remainder of the principal remaining of the first claim amount due to the cause of the occurrence of the creditor's loan or purchase date, and the remaining interest on July 10, 2007, 199 E. 10,000,000,000,000,000

D. On August 17, 2007, the amount of the instant loan was loaned to the Plaintiff by the first E as a joint guarantor on August 17, 2007 by making D and F as a joint guarantor. Of the above KRW 10 million, E re-written a loan agreement with the said KRW 500,000,000,000, and the amount of the loan was 9.5 million, and the creditor was changed to C, a trade name prior to the change of the Defendant Company, a non-individual.

[Reasons for Recognition] Facts without dispute or persons concerned, Gap 1, 2, 4 evidence, Eul 2, 3, 5-7 evidence, and the purport of the whole pleadings.

2. Summary of the parties’ assertion

A. The Plaintiff: The Plaintiff is exempt from liability of this case.

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