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(영문) 인천지방법원부천지원 2016.09.07 2016가단107983
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,408,531 and KRW 22,105,126 among them, 24% per annum from April 9, 2016 to the date of full payment.

Reasons

According to the facts that there is no dispute between the parties, and the overall purport of Gap evidence and arguments, Hyundai Card Co., Ltd., on March 31, 2016, transferred to the plaintiff on March 31, 2016 the credit card payment claim (24% per annum of delay damages; hereinafter "claim in this case") of KRW 22,105,125,126, interest, etc., totaling KRW 1,056,469, and KRW 23,161,595 to the defendant of Hyundai Card Co., Ltd., and notified the defendant of the purport of the transfer on April 8, 2016. As of April 8, 2016, the principal of the Credit in this case was totaling KRW 22,105,125, KRW 23,408,530.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above 23,408,530 won and 22,105,126 won among them, delay damages calculated at the rate of 24% per annum, which is the rate of delay damages from April 9, 2016 to the date of full payment.

In this regard, the defendant asserted that the plaintiff cannot respond to the plaintiff's claim because he filed an individual rehabilitation application with the Jung-gu District Court 2016 Ma17496, and entered the plaintiff in the creditor list.

However, since the fact that individual rehabilitation procedures against the defendant are in progress, the creditor's procedural acts in this case for securing executive titles are not prohibited, the defendant's above assertion is without merit.

(2) The Plaintiff’s claim of this case is reasonable and acceptable, since the Defendant filed a lawsuit prior to the commencement order of individual rehabilitation against the Defendant, the Defendant is obliged to repay the Plaintiff’s debt according to the authorized repayment plan, even if the repayment plan is authorized even if the judgment becomes final and conclusive.

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