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(영문) 부산지방법원 2016.04.01 2016가단304023

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 27,326,898 and KRW 25,254,737 from December 5, 2015 to the date of full payment.

Reasons

In full view of the facts without dispute, Gap evidence Nos. 1 through 4 and the purport of the whole pleadings, the facts of the reasons for the claim are recognized.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 29% per annum from December 5, 2015 to the date of full payment with respect to KRW 27,326,898 and the balance of the loan principal 25,254,737.

The defendant asserts to the effect that the claim in this case cannot be complied with since the defendant is expected to make repayment according to the rehabilitation procedure by filing an application for individual rehabilitation with the Daegu District Court 2015da203259.

However, even if a judgment is rendered on the instant lawsuit filed prior to the commencement decision of individual rehabilitation, the Defendant cannot be deemed to suffer any disadvantage in preparing a rehabilitation plan and obtaining authorization in the future in the individual rehabilitation procedure. Therefore, the Defendant’s assertion is without merit.

The plaintiff's claim is justified and accepted as a whole.