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(영문) 서울북부지방법원 2016.11.29 2016가단132496
양수금
Text

1. The defendant shall pay to the plaintiff KRW 51,748,203 as well as KRW 34,00,000 among them, from May 31, 2016 to the day of full payment.

Reasons

1. The facts in the attached Form of the judgment on the cause of the claim (However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” is deemed to be the “Defendant”) have no dispute between the parties, and the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 28% per annum, which is the overdue interest rate of KRW 51,748,203 in total and the loan principal of KRW 34,00,000 in total and the loan principal from May 31, 2016 to the date of full payment, which is the date following the base date for calculating the principal and interest, with respect to KRW 1,487,20 in total and KRW 34,00 in total, the agreed interest rate of KRW 18% per annum from May 31, 2016 to the date of full payment.

2. The defendant's argument regarding the defendant's assertion is that since the defendant applied for individual rehabilitation and included the plaintiff's claim in the list of rehabilitation creditors, the plaintiff's claim is groundless. However, the above argument cannot be rejected by itself. Thus, the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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