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(영문) 서울중앙지방법원 2016.07.20 2016가단5046836
대여금
Text

1. The defendant shall pay to the plaintiff KRW 177,460,69 and KRW 176,593,612 among them, from December 31, 2015 to the date of full payment.

Reasons

1. According to the evidence evidence No. 1 to 9 of the judgment as to the cause for the claim, the facts are recognized as identical to the entries in the cause for the claim. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum from December 31, 2015, as to the sum of principal and interest KRW 177,460,69 as of December 30, 2015 and the balance of principal KRW 176,593,612 as of December 30, 2015 to the date of full payment.

2. Judgment on the defendant's defense

A. The Defendant asserted that the Plaintiff’s claim is unjustifiable, since it was in the process of individual rehabilitation procedures against the Defendant as the Changwon District Court 2015dan10031.

B. According to the evidence No. 10, the decision to commence rehabilitation procedures was made on September 17, 2015 with the Changwon District Court 2015dan10031 on September 17, 2015 against the Defendant, and the decision to discontinue rehabilitation procedures was made on May 13, 2016, and the fact that the above decision became final and conclusive can be acknowledged.

Therefore, the defendant's assertion is without merit since the decision to discontinue rehabilitation procedures became final and conclusive and the rehabilitation procedures for the defendant are completed.

3. Full acceptance of the Plaintiff’s claim

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