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(영문) 서울중앙지방법원 2015.11.20 2015가단166677
대여금
Text

1. The defendant shall pay to the plaintiff KRW 37,345,610 and KRW 28,566,490 among them, from July 21, 2015 to the day of full payment.

Reasons

Attached Form

Since the facts stated in the cause of the claim do not conflict between the parties, the defendant is obligated to pay the amount stated in the disposition, unless there are special circumstances.

As to this, the Defendant asserted to the effect that the Plaintiff’s claim should be dismissed since the order of prohibition was issued in the case of an individual rehabilitation case No. 2014da8245, Mar. 7, 2014. However, according to Article 593(1)4 of the Debtor Rehabilitation and Bankruptcy Act, the order of prohibition only prohibits repayment or demand of repayment of individual rehabilitation claims, and thus, the instant lawsuit does not conflict with the above order of prohibition.

Therefore, the defendant's assertion is not accepted (However, when individual rehabilitation procedures against the defendant are commenced even after the judgment of this case, the plaintiff cannot execute compulsory execution against the defendant by the judgment of this case, and the defendant must repay according to the authorized repayment plan).

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