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(영문) 서울남부지방법원 2016.10.14 2016가단214999
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 57,443,30 and KRW 21,034,120 among them, 15% per annum from March 23, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of each statement in Gap evidence No. 1 and No. 5, the Bohsan Saemaul Savings Depository loaned 33 million won to the defendant on December 30, 2002. The above community credit cooperative shall file a lawsuit against the defendant for the payment of the above loan (Cheongju District Court 2006No. 17317) and repay the loan to the defendant on August 31, 2006. "The defendant shall pay 22,13,650 won and 21,034,120 won among them from April 12, 2006 to April 26, 2006; the above community credit cooperative shall pay 18% per annum to the defendant on April 26, 2006; the above community credit cooperative shall have the obligation to transfer the loan to the defendant at the ratio of 30% per annum 201 to 30% per annum 14.5% per annum; the above community credit cooperative and the above community credit cooperatives shall have notified the plaintiff of the above loan to the defendant on 214.

2. As to this, the defendant first asserted to the effect that, since Bohsan Saemaul Fund received dividends of KRW 12,288,608 on December 27, 2005 through compulsory execution against the defendant's property (Cheongju District Court B real estate auction), it cannot respond to the plaintiff's request. However, as seen above, the fact that Bohsan Saemaul Fund received dividends and received a favorable judgment against the defendant after receiving a lawsuit against the defendant, the defendant's above assertion is without merit without any need to further examine other issues.

Next, the defendant asserts that the defendant cannot respond to the plaintiff's claim because he did not have sufficient ability to repay and applied for bankruptcy. However, the defendant's claim cannot be avoided merely because it is alleged by the defendant.

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