(영문) 대구지방법원포항지원 2019.02.19 2018가단6394

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(영문) 대구지방법원포항지원 2019.02.19 2018가단6394

대여금 등

Text

1. The defendant shall pay to the plaintiff KRW 41,528,943 and KRW 32,769,231 of the above amount. The defendant shall pay to the plaintiff full payment from June 14, 2018.

Reasons

1. The judgment on the cause of the claim is as shown in the attached Form.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 16.1% per annum, which is an overdue interest rate, for KRW 32,769,231, out of the total amount of principal and interest of general household funds of KRW 38,849,311, and for KRW 32,769,231, which is the principal and interest of general household funds of KRW 41,528,943 (i.e., the total amount of principal and interest of general household funds of KRW 38,849,31), and for KRW 10.37% per annum, which is the overdue interest rate, from June 14, 2018 to the date of full payment of the principal and interest of credit card bills, from June 14, 2018 to the date of full payment.

2. The defendant's assertion argues that the defendant cannot respond to the plaintiff's claim because he/she obtained recognition of credit recovery support from D.

According to the purport of the whole argument, it is recognized that the defendant obtained approval of credit recovery from D on October 29, 2018, and included the plaintiff's obligations in the content of debt adjustment and repayment.

However, even if the approval for credit recovery support was granted to the defendant, the plaintiff does not need to suspend the litigation. However, even if the plaintiff obtained an executive title through the lawsuit in this case, if the defendant complies with the conditions approved by D, it cannot be said that the defendant collected the debt before the mediation according to the judgment in this case.

The plaintiff needs to secure executive titles in preparation for cases where the approval of credit recovery support is revoked or invalidated in violation of the approval conditions at the time of the above approval of credit recovery.

The defendant's above assertion is without merit.

3. Conclusion, we accept the Plaintiff’s claim of this case.

유사 판례

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-서울중앙지방법원 2017.06.29 2016가단5222197