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(영문) 서울중앙지방법원 2016.07.29 2016가단5059610
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 39,703,355 and KRW 39,703,309 among them.

Reasons

1. Since the facts stated in the separate sheet regarding the Plaintiff’s assertion of the cause of claim do not conflict between the parties, the Defendants are jointly and severally liable to pay to the Plaintiff 39,703,355 won and 39,703,309 won among them, the agreed interest rate of 12% per annum from November 24, 2015 to March 31, 2016, which is the last delivery date of the copy of the complaint in this case, and damages for delay calculated by 15% per annum from the next day to the day of full payment.

2. The Defendants asserted that the Defendant’s claim in this case is unjustifiable, since Defendant B applied for credit recovery support to the Credit Counseling and Recovery Committee and obtained a decision to approve the recovery of credit to pay the amount of debt to creditors including the Plaintiff in installments.

However, the credit recovery system is merely a system that assists in the debtor's economic recovery through debt adjustment, such as extension of the repayment period, installment repayment, adjustment of the interest rate, deferment of repayment period, debt reduction, etc. for a debtor who meets certain requirements, such as excessive debt burden to various financial institutions, etc., and cannot be deemed to have the validity of preventing the claim in this case solely.

The defendants' assertion is not accepted (However, even if the plaintiff obtains executive title through the lawsuit in this case, if the defendant B complies with the conditions approved by the Credit Counseling and Recovery Commission, it is not possible to collect the debt before mediation in accordance with the judgment in this case, and it is necessary for the plaintiff as the plaintiff to secure executive title in preparation for the case where the approval of credit recovery support is revoked or invalidated in violation of the above approval conditions). 3. Conclusion, the plaintiff's claim against the defendants in this case is justified.

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