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(영문) 서울중앙지방법원 2017.01.10 2016가단5269479
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 39,729,282 and KRW 31,010,065 among them, from July 12, 2016 to the day of full payment.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by comprehensively considering the purport of the entire pleadings in each of the entries in Gap evidence Nos. 1 and 3.

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 34% per annum from July 12, 2016 to the date of full payment with respect to the total amount of KRW 39,729,282 and the principal amount of KRW 31,010,065 among the loans of this case.

B. As to this, the defendant asserted to the purport that the plaintiff's claim should be dismissed because he/she applied for individual rehabilitation to the court at present on account of economic difficulties, etc., but the defendant's application for individual rehabilitation does not immediately result in any restriction on the exercise of the plaintiff's right in the lawsuit. The defendant's argument

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.

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