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(영문) 서울중앙지방법원 2019.08.22 2018가단5173800
양수금
Text

1. As to KRW 15 million and KRW 100 million among the Plaintiff, the Defendant shall be annually from June 1, 2018 to August 21, 2018.

Reasons

Around July 2014, Nonparty C (hereinafter “Nonindicted Party”) leased KRW 100 million to the Defendant 9% per annum, and the due date for repayment set by the Nonparty’s withdrawal from the Defendant; on June 8, 2017, the Nonparty deposited KRW 40 million with the Defendant on a deposit basis of KRW 30 million and the unpaid balance was refunded to the Defendant; on June 20, 2018, the Plaintiff acquired the above loan and the refund claim from the Nonparty; and on June 20, 2018, the notification of the assignment of the claim to the Defendant was given by the delivery of the instant complaint, either there is no dispute between the parties or is recognized by the statement in subparagraphs 1 through 9.

Therefore, the defendant is obligated to pay to the plaintiff 15 million won in the balance of the above loan and deposit and 100 million won in the loan, with 9% per annum from June 1, 2018 to August 21, 2018, the delivery date of the complaint in this case; 5% per annum as stipulated in the Civil Act during the same period; 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to May 31, 2019; and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Meanwhile, on July 30, 2019, after the closing of the argument in this case, the decision was rendered with respect to the defendant on July 30, 2019, but the declaration of the decision can be made regardless of the interruption of the litigation procedures with respect to the debtor's property (see, e.g., Articles 59(1) and 33 of the Debtor Rehabilitation and Bankruptcy Act, Articles 238 and 247(1) of the Civil Procedure Act, and Supreme Court Decision 2000Da44928, 44935, Jun. 26, 2001). The defendant's request for the interruption of

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