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(영문) 부산지방법원 2019.12.17 2019가단338041
대여금
Text

1. The defendant shall pay to the plaintiff KRW 32,256,539 as well as KRW 29,239,02 as well as a year from October 3, 2019 to the day of full payment.

Reasons

1. There is no dispute between the parties to the judgment as to the cause of the claim, or according to the entries in Gap's evidence Nos. 1 through 6, among the facts stated in the attached Form No. 1 to 6, the creditor shall be considered as "Plaintiff" and the debtor as "defendant

Any fact recorded may be recognized and there is no evidence that obstructs it.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the interest and other expenses incurred until October 2, 2019, the balance of the principal of the outstanding loan amounting to KRW 32,256,539 (=29,239,022 won) and damages for delay calculated at the rate of 26.04% per annum, which is the agreed interest rate from October 3, 2019 to the date of full payment.

2. As to the determination of the Defendant’s assertion, the Defendant asserted to the effect that the Defendant cannot respond to the Plaintiff’s claim because it was in progress by filing an individual rehabilitation application with the Ulsan District Court 2019 U.S. District Court 2019da17496. However, there is no evidence supporting that the decision to commence the individual rehabilitation procedure was made

In the instant case, where a lawsuit on individual rehabilitation claims is already filed prior to the commencement of individual rehabilitation procedures (see, e.g., the proviso to Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act and the Supreme Court Decision 2013Da42878, Sept. 12, 2013). Even if this judgment is rendered, the Defendant cannot be deemed to have any disadvantage in preparing a draft repayment plan or obtaining authorization in the individual rehabilitation procedures. Thus, the Defendant’s assertion cannot be accepted.

3. Conclusion, the plaintiff's claim is justified.

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