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(영문) 서울중앙지방법원 2015.03.25 2014가단5347023

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 33,775,497 and KRW 14,460,000 among them, from June 26, 2014 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 7 as to the cause of the claim, the defendant was liable for the principal amounting to KRW 14,460,009 and damages for delay to the savings bank of SB (SI). However, the above obligation may be acknowledged as having been transferred to the plaintiff via AB and AB assets management loan. As of June 25, 2014, the defendant did not clearly dispute the fact that the defendant’s obligation against the plaintiff reaches KRW 33,775,497 and the overdue interest rate of the contract amounting to KRW 24% per annum.

Therefore, the defendant is obligated to pay to the plaintiff 3,775,497 won and 14,460,009 won with 24% interest per annum from June 26, 2014 to the day of full payment.

2. The defendant's argument as to the defendant's assertion is acknowledged as the facts of the cause of the claim, but is scheduled to file an application for individual rehabilitation, so the plaintiff's claim cannot be complied with and the debt of this case is satisfied

Any individual rehabilitation creditor who has an objection to the details of the list of individual rehabilitation creditors under Articles 596, 603, and 604 of the Debtor Rehabilitation and Bankruptcy Act shall file an application for a final judgment on an individual rehabilitation claim inspection within the objection period prescribed at the same time as the decision on the commencement of individual rehabilitation procedures is made, and if there is an objection against any right that has already been pending at the time of commencement of individual rehabilitation procedures, the details of the lawsuit that has already been pending shall be changed to the lawsuit for final judgment on an individual rehabilitation claim inspection, and if no application is filed within the objection period,

However, there is no evidence as to the fact that a decision to commence individual rehabilitation procedures was rendered against the defendant, and the defendant's individual rehabilitation case appears to be the Jeju District Court No. 2014 and 11127. However, the decision to commence individual rehabilitation procedures was not made until the closing date of the argument in this case.