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(영문) 서울중앙지방법원 2016.12.27 2016가단5247820
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 141,565,548 and the amount of KRW 41,004,472 from August 10, 2016 to the date of full payment.

Reasons

1. The facts in the separate sheet No. 1 and No. 5 asserted by the Plaintiff as the cause of the instant claim may be acknowledged by considering the whole purport of the pleadings as a whole.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the total amount of KRW 141,565,548, and the principal amount of KRW 41,004,472 at the rate of 17% per annum under the agreement from August 10, 2016 to the date of full payment.

2. The defendant alleged that his claim should be dismissed since he applied for credit recovery to the Credit Counseling and Recovery Committee. However, the defendant's obligation is extinguished solely on the ground that the defendant applied for credit recovery.

Since it is not possible to refuse the performance of obligations or to refuse the performance of obligations, the defendant's argument is without merit.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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