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(영문) 서울중앙지방법원 2015.05.28 2014가단258562
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 53,382,145 and KRW 35,408,096 from December 12, 2014 to the day of full payment.

Reasons

1. Since there is no dispute between the parties as to the facts stated in the attached Form of the judgment on the cause of the claim, the defendant is obligated to pay the money to the plaintiff as stated in paragraph (1) of this Article.

2. The defendant's assertion is alleged to the purport that the plaintiff cannot respond to the plaintiff's claim because the defendant filed an application for individual rehabilitation with the Seoul Central District Court 2014da116540 and is in progress. Thus, according to Articles 596, 603 and 604 of the Debtor Rehabilitation and Bankruptcy Act, an individual rehabilitation creditor who has an objection to the content of the list of individual rehabilitation creditors shall file an application for the final judgment on an individual rehabilitation claim inspection within the objection period set at the same time as the decision to commence the individual rehabilitation procedure is rendered, and if there is an objection to the right that has already been pending at the time the individual rehabilitation procedure commenced, the contents of the lawsuit that has already been pending shall be changed to the final judgment on an individual rehabilitation claim. If no application is filed within the objection period, the claim becomes final and conclusive as stated in the list of individual rehabilitation creditors, but the fact that the decision on an individual rehabilitation procedure against the defendant was not made by the date of closing the argument

The defendant cannot be deemed to have any ground or rejection, and the defendant can repay the debt according to the individual rehabilitation procedure by stating it in the list of individual rehabilitation creditors after the judgment of this case became final and conclusive. Thus, the defendant's assertion is without merit

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

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