(영문) 광주지방법원 2020.05.22 2019가단24167

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.05.22 2019가단24167

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 33,040,415 and the interest rate of KRW 12% per annum from November 20, 2019 to the date of full payment.

Reasons

1. The facts indicated in the attached Form No. 1 and No. 4 as to the Plaintiff’s assertion of the cause of claim (However, “creditor” and “debtor” may be acknowledged by comprehensively considering the respective descriptions of evidence No. 1 and No. 4 and the overall purport of the pleadings.

(1) The defendant has a duty to pay to the plaintiff the amount of damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 20, 2019 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case. The defendant is obligated to pay to the plaintiff the amount of damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 20, 2019 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case.

2. As to the determination of the Defendant’s assertion, the Defendant asserts to the effect that it cannot respond to the Plaintiff’s claim, since the Defendant is expected to file an application for individual rehabilitation procedures and repay

However, it is not affected by the procedure of individual rehabilitation until a lawsuit that had already been filed is confirmed as a claim for individual rehabilitation in the procedure of individual rehabilitation (at the same time, there is no evidence to acknowledge that the defendant applied for individual rehabilitation before the lawsuit in this case is filed), and even if the judgment in this case is finalized, there is no disadvantage in the defendant's decision to commence the procedure of individual rehabilitation in the procedure of individual rehabilitation or preparing a draft repayment plan and obtaining authorization, and thus,

3. In conclusion, the plaintiff's claim against the defendant of this case against the defendant is justified, and it is so decided as per Disposition.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

-광주지방법원 2020.05.08 2019가단544050

-광주지방법원 2020.05.15 2019가단542931

-광주지방법원 2020.04.24 2019가단533746

-광주지방법원 2020.10.16 2020가단10379

-부산지방법원 2015.12.09 2015가단72794