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(영문) 춘천지방법원 2017.12.06 2017가단54940

양수금

Text

1. The defendant shall pay to the plaintiff KRW 31,041,903 as well as 17% per annum from October 25, 2003 to January 4, 2008 and January 5, 2008.

Reasons

1. The judgment of the defendant as to the cause of claim does not clearly dispute the plaintiff's argument as to the cause of claim. Thus, all of them shall be deemed to have been led to confession under Article 150 of the

Therefore, the Defendant is obligated to pay to the Plaintiff 31,041,903 won with 17% per annum from October 25, 2003 to January 4, 2008, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment.

2. The defendant's assertion argues that since the defendant applied for debt adjustment to the Credit Counseling and Recovery Commission including the claim for the transfer money of this case, the plaintiff's claim is unreasonable.

However, it is not clear whether a decision to approve debt settlement pursuant to the above application for credit recovery support was made on the claim of this case, and even if it falls under this, such circumstance alone does not necessarily require the plaintiff to suspend litigation. However, even if the plaintiff obtains executive title through the lawsuit of this case, if the defendant complies with the conditions approved by the Credit Counseling and Recovery Commission, it is not possible to perform an act of collecting debts before mediation based on the judgment of this case. In addition, it is necessary for the plaintiff to secure executive title in preparation for a case where the defendant cancels or loses executive title in violation of the conditions approved by the Credit Counseling and Recovery Service at the time of the above approval for credit

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.