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(영문) 서울중앙지방법원 2017.01.11 2016가단61922
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 69,233,844 and the amount of KRW 64,809,681 from March 22, 2016 to the date 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 3 (including each number), facts such as the entry of the reasons for the claim in the annexed sheet are recognized.

B. Therefore, the Defendant is obligated to pay the Plaintiff damages for delay at an agreed rate of 15% per annum from March 22, 2016 to the date of full payment, with respect to KRW 69,233,84 of the balance of the principal and interest of the loan and KRW 64,809,681 of the principal of the loan.

2. The defendant's defense is at the process of bankruptcy and exemption (Ulsan District Court No. 2016Hadern 131, 2016Hadern 131, 131) against the defendant, so the plaintiff's claim is unjust.

However, according to the evidence in the record, the bankruptcy procedure against the defendant can be acknowledged as having been abolished on August 31, 2016 and the creditor's procedural acts are not prohibited or suspended because the creditor's application for immunity is filed (Article 57 of the Debtor Rehabilitation and Bankruptcy Act). Thus, the defendant's assertion is without merit.

3. Full acceptance of the Plaintiff’s claim

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