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(영문) 부산지방법원 2019.11.05 2019가단15584
대여금
Text

1. The defendant shall pay to the plaintiff KRW 47,214,158 and KRW 45,00,000 among them, the amount of KRW 47,214,158 per annum from July 30, 2019 to the day of full payment.

Reasons

1. There is no dispute between the parties to the judgment as to the cause of the claim, or according to the entries in Gap's evidence No. 1 to 5, among the facts stated in the attached Form No. 1 to 5, the creditor is considered as "the plaintiff" and the debtor as "the defendant

There is no evidence against this, and there is no evidence against this.

According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 9.57% per annum, which is the rate of damages for delay, from July 30, 2019 to the date of full payment, as to the sum of KRW 47,214,158, including the principal and interest, etc. unpaid as of July 29, 2019, and the principal of the unpaid amount of KRW 45,00,000,000.

2. The defendant's assertion argues that the defendant cannot respond to the plaintiff's claim since he/she is waiting to make a commencement decision by filing an individual rehabilitation application.

However, in a case where a lawsuit on individual rehabilitation claims is already filed prior to a decision to commence individual rehabilitation procedures, such litigation may be conducted (see, e.g., the proviso to Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act and the Supreme Court Decision 2013Da42878, Sept. 12, 2013). There is no evidence to acknowledge that the defendant has been subject to a decision to commence individual rehabilitation procedures by the closing date of pleadings in the instant case. Furthermore, even if this judgment is rendered, the defendant cannot be deemed to have any disadvantage in the future, or in preparing a draft repayment plan and obtaining authorization in the individual rehabilitation procedures. Thus, the defendant's argument cannot be accepted.

3. Conclusion, the plaintiff's claim is justified.

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