Text
1. The defendant shall pay to the plaintiff the amount of KRW 42,637,686 and KRW 35,630,586 among them to the day of full payment.
Reasons
1. Determination as to the cause of claim
A. According to each of the statements in Gap evidence Nos. 1 through 4, it is recognized as the same facts as that of the reasons for the claim in the attached Form.
B. Therefore, the Defendant is obligated to pay to the Plaintiff delay damages at an agreed rate of 25% per annum from January 17, 2017 to the day of full payment, with respect to the principal amounting to KRW 42,637,686 and the principal amounting to KRW 35,630,586.
C. The Plaintiff sought for the payment of damages for delay from June 1, 2016, but according to the description of the credit balance of the Plaintiff’s submission, the balance of the principal and interest as of January 16, 2017 is above B.
Therefore, the part seeking the payment of damages for delay from June 1, 2016 to January 16, 2017 is without merit.
2. Judgment on the defendant's assertion
A. The defendant asserts that the plaintiff's claim is unjustifiable since the rehabilitation procedure is in progress against the defendant.
B. However, according to the records, the rehabilitation procedure (Seoul Central District Court 2016 Ma10022) that was initiated against the defendant was abolished on July 7, 2016, and on December 16, 2016, it can be acknowledged that the decision to discontinue the rehabilitation procedure was finalized.
Therefore, the defendant's above assertion is without merit.
3. Partial acceptance of the Plaintiff’s claim