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(영문) 서울중앙지방법원 2017.01.11 2016가단5176768
대여금
Text

1. The defendant shall pay to the plaintiff KRW 31,781,563 as well as KRW 24,700,000 among them, from May 24, 2016 to the day of full payment.

Reasons

1. According to the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the facts as stated in the annexed sheet No. 1 and 2 are recognized.

Therefore, the Defendant is obligated to pay to the Plaintiff delay damages in accordance with the agreed rate of 15% per annum from May 24, 2016 to the date of full payment, with respect to KRW 31,781,563 of the balance of the principal and interest of the loan as of May 23, 2016 and KRW 24,70,000 of the leased principal.

2. The defendant's defense is at the process of bankruptcy proceedings against the defendant (Ji Government District Court 2015Hadan20217). Thus, the plaintiff's claim is unjust.

However, according to the evidence in the record, the bankruptcy procedure against the defendant can be acknowledged as having been abolished on November 9, 2016 and the creditor's procedural acts are not prohibited or suspended because the creditor's application for immunity is filed (Article 557 of the Debtor Rehabilitation and Bankruptcy Act). Thus, the defendant's assertion is without merit.

3. Full acceptance of the Plaintiff’s claim

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