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부산지방법원 2017.12.19 2017가단28241
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 85,00,000 and the interest rate of KRW 15% per annum from October 25, 2017 to the date of full payment.

Reasons

According to the purport of Gap evidence No. 1 and all pleadings, the plaintiff extended money several times to the defendant and agreed to pay the loan to the defendant 85 million won until December 30, 2007.

According to the above facts, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum from October 25, 2017 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case, to the plaintiff.

On this issue, the defendant asserts that since he is granted immunity on the above loan claim, he cannot respond to the plaintiff's claim.

According to the purport of Eul evidence No. 1 and the whole argument, in the case where the defendant was granted immunity on July 6, 2017 in Changwon District Court 2016, 2075, and in the case where the defendant was declared bankrupt as Changwon District Court 2016, 2016Hadan2075, and the above immunity was confirmed at that time. However, according to the evidence No. 2, the plaintiff's claim against the defendant included in the creditor's list against the defendant in the creditor's list is determined to be separate from the claim that the plaintiff sought reimbursement of KRW 3 million and the remaining principal is three million.

We cannot accept the defendant's argument.

Thus, the plaintiff's claim of this case is justified and accepted.

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