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(영문) 서울중앙지방법원 2016.11.08 2016가단5191897
대여금
Text

1. The defendant shall pay to the plaintiff KRW 40,612,450 and KRW 21,151,360 among them, per annum from July 5, 2016 to the day of full payment.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by considering the overall purport of the pleadings in Gap evidence No. 1.

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40,612,450 of the balance of principal and interest and KRW 21,151,360 of the principal, and damages for delay calculated at the rate of 33.9% per annum under the agreement from July 5, 2016 to the date of full payment.

B. On the ground of economic difficulties, etc., the Defendant asserted to the effect that the Plaintiff’s claim should be dismissed, since the Defendant applied for individual rehabilitation to the Incheon District Court 2016da39143 and the procedure is in progress. However, the Defendant’s claim is without merit, on the sole basis of the fact that the Defendant applied for individual rehabilitation.

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

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