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(영문) 의정부지방법원고양지원 2020.02.19 2020가단70546
대여금
Text

1. The defendant shall pay 5,00,000 won to the plaintiff and 12% per annum from December 11, 2019 to the day of complete payment.

Reasons

1. If the purport of the entire argument is added to the statement in Gap evidence No. 1 as to the cause of the claim, the plaintiff can be acknowledged that the plaintiff lent KRW 5,000,000 to the defendant even before the date of payment prior to March 21, 2019. Thus, the defendant is obligated to pay to the plaintiff the amount of KRW 55,00,000 and 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 December 11, 2019 to the date of payment following the delivery of the original copy of the instant payment order sought by the plaintiff.

2. Although the defendant alleged that he/she is not liable since he/she is currently in progress with the individual bankruptcy procedure, he/she did not submit any supporting material.

In addition, even if the defendant applied for personal bankruptcy, the fact of the application does not affect the lawsuit in this case, and the defendant's argument is without merit.

3. According to the conclusion, the plaintiff's claim is accepted.

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