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(영문) 인천지방법원 2016.05.10 2015가단71176
대여금
Text

1. The Defendant shall pay to the Plaintiff the full amount of KRW 101,093,30 and KRW 7,872,678, out of the above amount, from October 28, 2015.

Reasons

1. The Plaintiff’s determination as to the cause of the claim extended money to the Defendant as shown in Paragraph 1 of the Attached Form, and the remainder of the loan, as described in Paragraph 2 of the Attached Form, may be recognized in full view of the purport of the entire pleadings, either there is no dispute between the parties, or there is no evidence between the parties, and the whole purport of the pleadings as stated in No. 1 through No.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17.05% per annum from October 28, 2015 to the date of full payment, and to pay damages for delay calculated at the rate of 17.1% per annum for damages for delay from October 28, 2015 to the date of full payment, and from October 28, 2015 to the date of full payment for damages for delay calculated at the rate of 32,222,073 won from the above money.

2. As to the defendant's assertion, the defendant asserted that the defendant cannot respond to the plaintiff's claim since he filed an application for individual rehabilitation with the Seoul Central District Court 2014da109474. However, even if the defendant applied for individual rehabilitation in the relevant procedure, the lawsuit of this case, which was already filed prior to the confirmation of individual rehabilitation claim in the relevant procedure, is not affected by the individual rehabilitation procedure, and even if the judgment of this case is rendered, it cannot be viewed that the defendant has any disadvantage in preparing and approving the rehabilitation plan in the individual

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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