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(영문) 서울중앙지방법원 2016.08.10 2016가단5139196
대여금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 53,271,017 and KRW 21,668,726 among them, from March 3, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of the claim (Provided, That the creditor is the plaintiff, the debtor is the defendant) is liable to pay to the plaintiff 5,271,017 won in total amount of principal and interest and 21,68,726 won in total, and damages for delay calculated at the rate of 33% per annum from March 3, 2016 to the date of full payment, as agreed upon by the agreement, for the plaintiff 53,271,017 won in total, and 21,668,726 won in total.

2. As to the defendant's defense, the defendant's defense to the effect that the third party was partly exempted from the remainder of his/her loans owed to Solomon Savings Bank, but there is no evidence to acknowledge it, and therefore the defendant's defense is without merit.

In addition, the defendant asserts that the defendant cannot respond to the plaintiff's claim by filing an application for individual rehabilitation with the Chuncheon District Court 2016da8877, including the plaintiff's above claim, but the application for individual rehabilitation cannot affect the plaintiff's claim of this case. Thus, the defendant's above argument is without merit

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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