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(영문) 서울중앙지방법원 2016.12.20 2016가단5192838
대여금
Text

1. The defendant shall pay to the plaintiff KRW 31,498,594 and KRW 30,000 among them, per annum from July 6, 2016 to the day of full payment.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in Gap evidence Nos. 1 and 2.

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 31,498,594 of the principal and interest of this case and KRW 30,000 of the principal and interest of KRW 30,000,000 per annum from July 6, 2016 to the date of full payment.

B. On the ground of economic difficulties, the Defendant asserted to the effect that the Plaintiff’s claim should be dismissed on the ground that the Defendant filed an application for individual rehabilitation with the Changwon District Court 2016da102809 and the procedure is in progress. However, the mere fact that the individual rehabilitation procedure against the Defendant is in progress does not necessarily restrict the Plaintiff’s exercise of right in the lawsuit. Thus, the Defendant’

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.

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