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(영문) 서울중앙지방법원 2017.06.21 2017가단5098179
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 38,00,000 and the interest rate of KRW 15% per annum from April 11, 2017 to the date of complete payment.

Reasons

1. In full view of the purport of the entire pleadings in the evidence Nos. 1 to 4 of the judgment as to the cause of the claim, the defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1 of this Decree.

[Co., our bank granted a loan of KRW 20 million to the Defendant under the pretext of a general loan loan (retailing loan). On August 13, 2008, the lending limit was increased by KRW 40 million through an additional agreement for the change of credit transaction terms and conditions on August 13, 2008, which was finally extended on February 29, 2012]

2. The defendant's assertion argues that since the Daejeon District Court 2017da1006073 applied for individual rehabilitation, the plaintiff cannot respond to the plaintiff's claim.

On May 29, 2017, comprehensively taking account of the overall purport of the arguments in the evidence No. 1, the defendant's application for commencement of individual rehabilitation procedure on May 29, 2017 can be acknowledged as being in progress of rehabilitation procedure under the Daejeon District Court 2017da106073. However, in the above rehabilitation procedure, the decision on commencement of individual rehabilitation has not been made until now, and the plaintiff's application for commencement of individual rehabilitation procedure is not prohibited, and the defendant's assertion is without merit

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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