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(영문) 서울북부지방법원 2016.06.17 2015가단146528
양수금
Text

1. As to KRW 50,302,860 and KRW 35,626,617 among the Plaintiff, the Defendant shall be from September 23, 2015 to the day of full payment.

Reasons

1. According to the overall purport of Gap evidence Nos. 1-1 through 5, Gap evidence Nos. 2, 3, and 4 as to the cause of the claim and all the arguments, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 28% per annum, which is the overdue interest rate for KRW 50,302,860, and the loan principal for KRW 35,626,617, which is the day following the base date for calculating the principal and interest, with respect to KRW 57,19, which is the overdue interest rate for KRW 57,19, from September 23, 2015, which is the day following the base date for calculating the principal and interest.

2. The defendant's assertion is currently underway with the bankruptcy and exemption procedure against himself, so it is not possible to respond to the plaintiff's claim. However, there is no evidence to acknowledge the defendant's bankruptcy and exemption. Thus, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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