beta
Text
1. The defendant shall pay to the plaintiff KRW 67,00,580 as well as 5% per annum from May 12, 2004 to December 14, 2005.
Reasons
1. According to Gap's evidence No. 1 as to the cause of the claim and the significant facts in this court, the plaintiff filed against the defendant a payment order against the defendant that "5% per annum from May 12, 2004 to the delivery date of the original copy of the payment order, and 20% per annum from the following day to the delivery date of the original copy of the payment order," and "payment of delay and demand procedure expenses at each rate of 20% per annum." The original copy of the payment order was served on the defendant on December 14, 2005, and the above payment order was finalized on the 29th day of the same month.
Therefore, barring any special circumstance, the defendant is obligated to pay to the plaintiff 67,00,580 won as the plaintiff seeks within the scope of the purport of the above payment order and 5% per annum as prescribed by the Civil Act from May 12, 2004 to December 14, 2005, the service date of the above payment order original copy, and 20% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) until September 30, 2015; and 15% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by the above statutory interest rate) from the next day to the day of full payment.
2. Judgment on the defendant's assertion
A. The Defendant asserted that the Defendant had a big mental impulse due to various circumstances at the time of filing a petition for bankruptcy with the court Nos. 2010, 3585, 2010, and 3585
Since it is not directly traded with the plaintiff, it was omitted that it was recorded in the creditor list because it was impossible to memory the debt of this case against the plaintiff.
Since the Defendant did not enter the instant obligation against the Plaintiff in the list of creditors in bad faith, it should be deemed that the said obligation was discharged by the decision of the said bankruptcy exemption case finalized.
B. Determination 1 on the Debtor Rehabilitation and Bankruptcy Act