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(영문) 서울서부지방법원 2016.11.11 2016가단22427
대여금
Text

1. The lawsuit against the defendant C shall be dismissed.

2. As to Defendant B’s KRW 209,559,468 and KRW 122,00,000 among the Plaintiff.

Reasons

1. Claims confirmed in the list of individual rehabilitation creditors under the Debtor Rehabilitation and Bankruptcy Act against Defendant C shall have the same effect as a final and conclusive judgment;

In full view of the purport of the entire arguments in Eul 1 and 2, it is recognized that the claims of the Plaintiff for the loans to Defendant C, transferred to the Seoul Central District Court 2014da19656, the Plaintiff, in the individual rehabilitation procedure, were established in the list of individual rehabilitation creditors, and thus, this part of the lawsuit is unlawful, since there is no benefit to seek as a lawsuit.

2. Around October 21, 2010, the Industrial Credit Union, which was claimed against Defendant B, lent KRW 122,000,000 to Defendant B at an annual interest rate of KRW 7.2% per annum and KRW 19% per annum. The Plaintiff was assigned the above loan claim via the UNPEL Partnership Partnership.

The interest and delay damages that have already been paid on the loan are KRW 87,559,468, and the delay damages rate is KRW 17.032 per annum.

(Reasons for Recognition: Each entry and the purport of the whole pleadings in Gap and 4) Therefore, the above defendant is liable to pay to the plaintiff 209,559,468 won and delay damages for the principal.

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