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(영문) 서울중앙지방법원 2019.10.11 2019가단5133748
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 362,810,594 and the amount of KRW 199,976,147 from March 13, 2019 to the date of full payment.

Reasons

The cause of the instant claim is the same as the entry of the grounds for the instant claim (However, “creditor” shall be “Plaintiff,” “debtor” shall be “Defendant,” and “Defendant”) and there is no dispute between the parties as to the facts of the cause, or it may be acknowledged in full view of the purport of the entire pleadings in the entry of evidence Nos. 1 through 3.

Therefore, the Defendant is obligated to pay to the Plaintiff the interest of KRW 362,810,594 (i.e., the principal amount of KRW 199,976,147 or delay damages amount of KRW 162,834,447) and damages for delay calculated at the rate of 15% per annum from March 13, 2019 to the date of full payment of the principal amount of KRW 199,976,147).

On the other hand, the defendant argued to the effect that he was declared bankrupt in October 2013 and that the representative of the defendant was granted a decision of bankruptcy and a decision of immunity, but it is difficult to reject the plaintiff's claim against the defendant only by the above argument.

If so, the plaintiff's claim is reasonable and acceptable.

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