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(영문) 서울중앙지방법원 2013.10.10 2013가단138098
대여금
Text

1. The Defendant’s KRW 35,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 27, 2012 to May 2, 2013.

Reasons

1. If the purport of the Plaintiff’s written evidence No. 1 as to the Plaintiff’s claim is added to the purport of the entire pleadings, the Plaintiff is obligated to pay to the Defendant damages for delay calculated at a rate of KRW 175,00 per annum as prescribed by the Civil Act from May 27, 2012 to May 28, 2012, with a total of KRW 35,00,000 per month from May 24, 2012 to July 28, 2012, with a maturity of KRW 175,00 per month, and with a maturity of payment on November 27, 2012. Thus, the Defendant is obliged to pay to the Plaintiff damages for delay calculated at a rate of KRW 35,00,000 per annum as provided by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

2. The defendant's assertion is asserted to the purport that the dismissal of the plaintiff's claim is demanded because the defendant filed an application for individual rehabilitation. However, the lawsuit filed prior to the decision on individual rehabilitation does not affect the individual rehabilitation procedure until the decision on commencement of individual rehabilitation begins. Thus, the defendant's above argument is without merit

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.

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