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(영문) 청주지방법원 2017.01.19 2016가단15495

대여금

Text

1. The Defendant’s KRW 23,536,634 as well as the Plaintiff’s KRW 11.27% per annum from September 7, 2016 to September 19, 2016.

Reasons

1. In full view of the overall purport of the arguments in Gap evidence No. 1 and evidence No. 2 as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of money stated in Paragraph 1 of the Disposition, unless there are special circumstances according to the above facts of recognition.

2. As to the judgment on the defendant's assertion, the defendant asserted that since the defendant entered the plaintiff's claim in the list of creditors when filing an application for individual rehabilitation with the Suwon District Court, it is intended to repay the claim according to the repayment plan, and the claim for which individual enforcement is suspended due to the commencement of individual rehabilitation procedure is limited to the claim indicated in the list of creditors (see the proviso of Article 600 (1) of the Debtor Rehabilitation and Bankruptcy Act). Since there is no evidence to acknowledge that the defendant entered the plaintiff's claim in the list of creditors at the time of filing an application for individual rehabilitation, the defendant's above argument is without merit without having to further examine the remainder

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.