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(영문) 서울중앙지방법원 2016.05.10 2016가단29539
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 54,183,039 as well as KRW 29,284,920 among them, from December 11, 2015 to the date of full payment.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or acknowledged by considering the whole purport of the pleadings as a whole in each entry in Gap evidence Nos. 1 through 3 (including a serial number).

2. Determination

A. According to the above facts, the Defendant, a debtor of the instant loan, is obligated to pay to the Plaintiff the balance of the principal and interest of KRW 54,183,039 as well as the interest of KRW 29,284,920 as to the principal and interest of KRW 15% per annum from December 11, 2015 to the date of full payment.

B. As to this, the Defendant asserts to the purport that the Plaintiff’s claim is unreasonable since the Plaintiff filed an application for individual rehabilitation with the Suwon District Court 2014da50068 after the representative director’s personal situation and received a decision to authorize the repayment plan. However, it cannot be deemed that the Plaintiff’s claim against the Defendant is prohibited or unreasonable on the ground that B was not a party to the instant case, and was subject to the decision to authorize the repayment plan in the individual rehabilitation procedure.

The defendant's argument is without merit.

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.

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