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(영문) 서울중앙지방법원 2017.06.14 2017가단5063777
대여금
Text

1. The defendant shall pay to the plaintiff 140,589,070 won and the interest rate of 15% per annum from August 31, 2016 to the day of complete payment.

Reasons

1. In full view of the purport of the entire pleadings in the evidence No. 1 to 5 of the judgment as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1 of this Decree.

2. The defendant's assertion is in progress of the rehabilitation procedure against the medical corporation B, the main debtor, and thus, the defendant can not respond to the plaintiff's claim (Cheongju District Court 2016 Gohap5009).

However, the rehabilitation plan does not affect the rights of rehabilitation creditors against the guarantor of the debtor for whom rehabilitation procedures commence (Article 250(2)1 of the Debtor Rehabilitation and Bankruptcy Act). Thus, the prior argument by the defendant cannot be accepted on a different premise.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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