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(영문) 서울중앙지방법원 2017.11.08 2017가단5126449
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 126,831,512 and the amount of KRW 30,661,347 from April 13, 2017 to the date of full payment.

Reasons

1. In full view of the purport of the entire pleadings, the facts in the separate sheet No. 1-9 regarding the cause of the claim can be acknowledged. As such, the Defendant is obligated to pay the Plaintiff the money set forth in the Disposition No. 1.

2. On October 29, 2013, the Defendant asserted that the foregoing agreement was null and void and the Plaintiff’s claim seeking payment of the total amount of principal and interest of the existing debt is unreasonable on the ground that the agreement was made for the registration of ownership of ownership of real estate with no real property value.

Comprehensively taking account of the overall purport of the pleadings, evidence Nos. 10 and evidence Nos. 1 through 6, the Defendant: (a) on October 29, 2013, prepared and submitted to the Plaintiff a written request for debt approval and re-resolution with the purport that he/she would approve the debt and repay the amount of debt partially adjusted for each of the obligations indicated in the grounds for the claim; (b) the Plaintiff issued an estimated repayment plan to the Defendant on October 29, 2013; (c) thereby, the Defendant agreed to dispose of all principal and interest of the remainder where he/she redeems KRW 13,708,339,000,000,000 from October 31, 2013 to September 30, 2023; and (c) on the other hand, the Defendant concluded the aforementioned agreement without filing a report even if he/she owned the property that was actually benefiting from recovery at the time of formulating the above written request for debt approval and re-resolution; and (d) concluded the aforementioned agreement with the Defendant to immediately file an objection.

According to the above facts, the repayment agreement of this case is exempt from the principal and interest of the remainder of the debt under the condition that the amount of debt settlement shall be paid in full.

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