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(영문) 부산지방법원 2017.05.02 2017가단307753
구상금
Text

1. As to KRW 50,430,591 and KRW 50,308,869 among them, the Defendant shall pay to the Plaintiff the year from October 27, 2016 to February 3, 2017.

Reasons

1. Determination on the cause of the claim

A. The facts on the grounds of the attached claim (Provided, That the creditor is the plaintiff, and the debtor is deemed the defendant) have no dispute between the parties.

B. According to the above facts, the defendant is obligated to pay to the plaintiff 50,430,591 won in total of the subrogated payment, additional guarantee fee, and fixed damages for delay, and 50,308,869 won in subrogation, which is the date of subrogation, 12% per annum from October 27, 2016 to February 3, 2017, which is the date of delivery of the payment order in this case, and 15% per annum from the next day to the date of full payment.

2. Judgment on the defendant's assertion

A. The defendant asserts to the effect that the plaintiff's claim of this case is unjustifiable since he applied for credit recovery to the Credit Counseling and Recovery Commission.

B. On the ground that the Defendant applied for credit recovery to the Credit Counseling Board, it is difficult to view that the Plaintiff’s litigation seeking the payment of the amount under the above Paragraph 1. against the Defendant is prohibited. Rather, the Plaintiff’s debt settlement plan against the Defendant is not finalized or the recognition of credit recovery support against the Defendant is revoked or invalidated. Therefore, the Defendant’s above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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