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(영문) 서울중앙지방법원 2019.04.25 2019가단5029351
대여금
Text

1. As to KRW 33,863,077 and KRW 11,751,623 among the Plaintiff, the Defendant shall be from December 25, 2018 to the date of full payment.

Reasons

1. The facts stated in the attached Form of the judgment on the cause of claim can be deemed as having been led to confession because the defendant did not clearly dispute the facts. Thus, the defendant is liable to pay the plaintiff the money stated in the attached Form of the judgment.

2. The Defendant’s argument regarding the Defendant’s assertion : (a) did not accept the Plaintiff’s claim of this case since it obtained the approval from D; (b) did not comply with the Plaintiff’s claim (the Defendant did not submit a written response, but did so with the content stated in the application form for change of the date; and (c) the recognition of debt settlement is merely a system that assists in the obligor’s economic recovery through debt settlement, such as extension of the repayment period, installment repayment, interest rate adjustment, grace period, and debt reduction and exemption; and (c) even if such approval was granted, it cannot be deemed as effective to block the Plaintiff’s claim of this case.

(However, even if the Plaintiff obtains an executive title through the instant lawsuit, the Plaintiff cannot perform the act of collecting the debt before the conciliation process on the basis of the executive title as long as the Defendant complied with the approval details of the debt settlement. Furthermore, it is necessary for the Plaintiff to secure the executive title in preparation for the case where the approval of the debt settlement becomes invalid due to the Defendant’s failure to implement the repayment plan.

Therefore, the defendant's above assertion is without merit.

3. The plaintiff's claim is justified.

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