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(영문) 부산지방법원 2016.04.01 2016가단302461

어음금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 26,078,838 and KRW 25,220,297 among them, from November 26, 2015 to the day of full payment.

Reasons

In full view of the facts without dispute, Gap evidence Nos. 1 to 5, 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 18.7% per annum from November 26, 2015 to the date of full payment, as to KRW 26,078,838 and the balance of the loan principal 25,220,297.

The Defendant asserts to the effect that the instant claim cannot be complied with, as the instant claim is expected to be repaid according to the rehabilitation procedure by filing an individual rehabilitation application with the court 2015da50232.

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.