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(영문) 부산지방법원 2019.08.13 2019가단11315
대여금
Text

1. The defendant shall pay to the plaintiff KRW 26,365,780 as well as KRW 26,242,749 as per annum from June 27, 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 in full view of the contents of Gap's evidence 1 to 7 and the whole purport of the pleadings, the facts recorded in the cause of the claim can be acknowledged and there is no evidence contrary

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount calculated by applying the rate of 7.44% per annum from June 27, 2019 to the date of full payment, as agreed delay damages with respect to KRW 26,365,780 of the balance of the principal and interest of the loan and KRW 26,242,749 of the principal of the loan.

2. The defendant's assertion asserts that since the defendant applied for individual rehabilitation to Busan District Court, the plaintiff cannot respond to the plaintiff's claim.

Although the Defendant applied for individual rehabilitation on November 2, 2018 by Busan District Court 2018da27196, the fact that the decision to commence the individual rehabilitation procedure was not made by the closing date of argument in the instant case is apparent in the record or is significant in this court.

Where an action is already filed with respect to individual rehabilitation claims prior to a decision to commence individual rehabilitation procedures, litigation therefor 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). Even if this decision is rendered, the Defendant cannot be deemed to have any disadvantage in preparing and obtaining a draft repayment plan in the individual rehabilitation procedures.

Therefore, the defendant's argument cannot be accepted.

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

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