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1. The defendant shall pay to the plaintiff KRW 38,264,122 and KRW 35,00,000 among them, from October 7, 2016 to the day of full payment.
Reasons
1. The judgment on the cause of the claim (However, the creditor is the plaintiff and the debtor is deemed the defendant) is not disputed between the parties, or can be recognized in full view of the purport of Gap evidence Nos. 1 through 3 and the whole pleadings. Thus, the defendant is obliged to pay to the plaintiff damages for delay calculated at the rate of 18.9% per annum, which is the overdue interest rate of 18.9% from October 7, 2016 to the date of full payment, for the total amount of principal and interest of KRW 38,264,122 and the principal of KRW 35,00,000 among them.
2. As to the judgment on the Defendant’s assertion, the Defendant asserted to the effect that the Defendant cannot respond to the Plaintiff’s claim by filing an application for individual rehabilitation with the court 2016da1026408, including the Plaintiff’s above claim, but the application for individual rehabilitation alone does not affect the Plaintiff’s claim of this case. Therefore, the Defendant’s
3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.