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(영문) 서울서부지방법원 2016.04.21 2015가단242163

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 20,335,446 and KRW 20,303,446 among these amounts, 24% per annum from June 30, 2015 to the date of full payment.

Reasons

1. According to Gap evidence Nos. 1 through 3 of the judgment as to the cause of the claim, the social service Korea Co., Ltd. (hereinafter referred to as "Non-Mbox Korea") entered into a contract for facility leasing (lease) with B on October 13, 201 with B Co., Ltd. (hereinafter referred to as "B") with the lease period of 36 months for BMW X5xD 30CI, the lease period of 36 months for BMW X5xD, the financial application amount (acquisition-lease-lease deposit), interest rate of 94,526,90 won per annum, interest rate of 11.84% per annum, and 24% per annum for delayed interest rate of 24%, the defendant received the above social service debt from B's non-Mbox Korea (hereinafter referred to as the "joint and several debt obligation of the defendant"), and the plaintiff can acknowledge the transfer of the debt from BMM to B on July 13, 2015 and notified each of the lease.

According to this, the defendant is obligated to pay to the plaintiff 20,335,446 won payable as of June 29, 2015 and damages for delay calculated by the rate of 24% per annum, which is the interest rate for delay, from June 30, 2015 to the date of full payment.

2. The defendant's assertion and judgment

A. The defendant alleged that IMB Korea was the auditor of B and exempted the debt of this case, but there is no evidence to acknowledge this. Thus, the defendant's assertion is without merit.

B. In addition, the Defendant asserted that the individual rehabilitation procedure commenced against the Defendant, and thus, it cannot comply with the Plaintiff’s claim of this case.

According to the evidence Nos. 1, 15:00 Changwon District Court on July 3, 2014, the fact that the individual rehabilitation procedure commenced against the defendant is established as the 2014da2325, but the debtor's rehabilitation and bankruptcy law is established.