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(영문) 서울북부지방법원 2017.01.13 2016가단141865
구상금
Text

1. The Defendant’s KRW 46,892,320 as well as 12% per annum from June 3, 2015 to August 31, 2015, respectively, to the Plaintiff.

Reasons

1. In full view of the respective entries in Gap evidence Nos. 1 and 7 as to the cause of the claim and the overall purport of the pleadings, the facts identical to the entries in the cause of the claim in the annexed sheet can be

Therefore, the Defendant is obligated to pay to the Plaintiff 46,892,320 won with 12% interest per annum under the agreement from June 3, 2015 to August 31, 2015; 8% interest per annum under the agreement from the next day to September 13, 2016, the delivery date of the original copy of the instant payment order; and 15% interest per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.

2. The defendant's argument concerning the defendant's assertion asserts that since the defendant prepared an individual rehabilitation application, the plaintiff's claim is unjustifiable.

However, the mere fact that the defendant is preparing for the application for individual rehabilitation does not constitute a legitimate reason to refuse the plaintiff's request for performance.

Even if the defendant filed an application for individual rehabilitation, as long as the repayment plan is not authorized in the individual rehabilitation procedure, the procedure in progress is not suspended or prohibited, and the defendant's assertion is without merit.

(3) If so, the plaintiff's claim is reasonable and acceptable. (4) The defendant's draft repayment plan is prepared and authorized in the future rehabilitation procedure. (3) The conclusion is that the plaintiff's claim is justified.

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