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(영문) 서울중앙지방법원 2016.02.16 2015가단5317371
대여금
Text

1. The defendant shall pay to the plaintiff KRW 75,451,024 as well as KRW 56,00,000 among them, from September 9, 2015 to the day of full payment.

Reasons

1. In full view of the purport of the entire pleadings, the facts in the separate sheet Nos. 1 and 5 as to the cause of the claim are acknowledged.

Therefore, the defendant is obligated to pay the money stated in Paragraph (1) of this Article to the plaintiff.

[This case’s statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) is 15% per annum from October 1, 2015. Although the Plaintiff filed a claim for delay damages for the pertinent period on the premise that the delayed interest rate of 20% under the above Act is higher than 16% per annum, the Plaintiff filed a claim for delay damages for the pertinent period from October 1, 2015 to October 22, 2015, and thus, the above agreement’s interest rate shall be applied to the Plaintiff, which is favorable to the Plaintiff. Meanwhile, even if the Defendant filed a claim for personal rehabilitation, the Defendant is not subject to any disadvantage that the Defendant had already filed within the individual rehabilitation procedure until the procedure becomes final and conclusive, even if it is not affected by the agreement’s individual rehabilitation procedure.

Therefore, the defendant's assertion that the plaintiff's claim is dismissed is rejected.

2. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed. It is so decided as per Disposition.

(The declaration of provisional execution shall not be made separately in consideration of the progress of the procedure for personal rehabilitation).

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