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(영문) 서울북부지방법원 2018.10.19 2018가단5710

대여금

Text

1. With respect to the Plaintiff’s individual rehabilitation claims against Defendant B, KRW 89,492,457 and KRW 52,659,198 among them, the Plaintiff’s individual rehabilitation claims are as follows: < Amended by Act No. 1500, Oct. 13, 20

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendants against the Seoul Northern District Court 2008Gadan1344. On May 15, 2008, the above court rendered a judgment that "the Defendants jointly and severally paid to the Plaintiff 52,659,198 won and 2,659,198 won among them, 5% per annum from December 31, 2006 to January 17, 2008, 20% per annum from the next day to the day of full payment, 44,000 won per annum from August 1, 2006 to the day of full payment, and from June 8, 2007 to the day of full payment, the above judgment became final and conclusive."

B. From March 20, 2009 to October 12, 2017, Defendant B repaid to the Plaintiff KRW 79,463,49 as shown in the attached Table.

C. On October 20, 2017, Defendant B filed an application for individual rehabilitation with the Government District Court 2017Da36074 on October 20, 2017, and the said court rendered a decision to commence individual rehabilitation procedures with respect to the said Defendant on June 12, 2018, when the instant lawsuit is pending, and the Plaintiff raised an objection thereto, and then changed the part of the instant lawsuit against the said Defendant to the lawsuit for confirmation of individual rehabilitation claims.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The amount of claims against the defendant B at the time of March 20, 209 under the above judgment against the defendant B (hereafter referred to as "the defendant" in this paragraph) shall be 52,659,198 won as principal and 26,095,374 won (=139,498 won x 5% x 5% x 62,18 days from December 31, 2006 to January 17, 2008) x 60,179 won (=2,659,198 won x 2000 x 200 x 365 days from January 18, 2008 to March 20, 2009 x 360,369 won from 200,360,365 x 209 x 209 x 365 days from January 18, 2008 to 209).