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(영문) 서울중앙지방법원 2016.03.25 2015가단5381266
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,894,008 as well as KRW 13,704,228 among them, from October 21, 2015 to the day of full payment.

Reasons

Attached Form

The facts in the cause of the claim do not conflict between the parties or can be recognized by comprehensively taking account of the overall purport of the pleadings in each statement in Gap evidence Nos. 1 through 3. Thus, the defendant is obligated to pay to the plaintiff the balance of the loan (i.e., interest of KRW 13,894,228, KRW 836,260, KRW 5,260, late 18,230 after termination of the loan principal amounting to KRW 5,290 and the late 13,704,228 of the balance of the loan principal after termination of the loan principal amounting to KRW 13.6% per annum from October 21, 2015 to the date of full payment).

Accordingly, the Defendant asserted to the effect that the Plaintiff cannot respond to the Plaintiff’s claim since the Suwon District Court 2015da118602 applied for individual rehabilitation. However, even if the Defendant applied for individual rehabilitation, the instant lawsuit that was already filed prior to confirmation of individual rehabilitation claim in the relevant procedure is not affected by the individual rehabilitation procedure, and even if the instant judgment is rendered, it cannot be deemed that there is any disadvantage in preparing and obtaining authorization of the rehabilitation plan in the future. Thus, the Defendant’s argument is without merit.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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