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(영문) 서울중앙지방법원 2017.01.25 2016가단5261925

대여금

Text

1. The defendant shall pay to the plaintiff 122,853,303 won and 35,891,595 won among them, from July 28, 2012 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. According to each of the statements in Gap evidence Nos. 1 through 3, it is recognized as the same facts as that of the reasons for the claim in the attached Form.

B. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at an agreed rate of 22% per annum from July 28, 2012 to the day of full payment, which is the day following the day of calculating the final damages for delay, with respect to KRW 122,853,303 of the balance of the judgment and the principal of KRW 35,891,595 of the principal.

2. The Defendant’s claim regarding the Defendant’s assertion is in progress of the bankruptcy procedure (No. 2015 subordinate district court No. 20217) against the Defendant, and the Plaintiff’s claim is unjust.

However, there is no evidence that the defendant was declared bankrupt, and the plaintiff's procedural acts are not prohibited or suspended solely on the ground that the defendant filed a petition for bankruptcy. Therefore, the defendant's assertion is without merit.

3. Full acceptance of the Plaintiff’s claim