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(영문) 부산지방법원 2017.06.14 2016가단354462
구상금
Text

1. The Defendant: (a) KRW 20,319,313 among the Plaintiff and KRW 20,319,303 among the Plaintiff, 12% per annum from September 9, 2016 to November 9, 2016.

Reasons

1. The fact that the judgment on the cause of the plaintiff's claim is attached to the judgment (However, the "creditor" and "debtor" are deemed the defendant) does not conflict between the parties.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 20,319,303 of the subrogated amount, KRW 20,319,313 of the total amount, and KRW 20,319,303 of the total amount, as well as KRW 20,319,30 of the said amount, to the Plaintiff at the rate of 12% per annum from September 9, 2016 to November 9, 2016, which is obvious in the record that the delivery date of a copy of the complaint in this case is from September 9, 2016.

2. The defendant's assertion asserts that since the defendant applied for credit recovery to the Credit Counseling and Recovery Committee, the plaintiff's claim is unjustifiable.

However, the circumstance that the Credit Counseling and Recovery Commission has filed an application for credit recovery does not affect the existence or scope of the defendant's obligation, the plaintiff's exercise of claim, etc.

The defendant's assertion is not accepted.

3. The plaintiff's claim for conclusion is justified and accepted.

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