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(영문) 의정부지방법원고양지원 2016.09.30 2016가단74084
대여금
Text

1. The defendant shall pay to the plaintiff KRW 11,025,00 and KRW 10,246,026 among them, per annum from August 12, 2016 to the day of full payment.

Reasons

Around October 2, 2014, the Plaintiff entered into a new installment agreement with the Defendant to repay the amount of KRW 29,30,000 per annum, interest rate of KRW 5.9% per annum, interest rate of KRW 25% per annum, and interest rate of KRW 60 per annum, and where the amount of installments under the above agreement exceeds 1/10 of the amount of installments, the Plaintiff shall lose the benefit of time; the Defendant shall have lost the benefit of time on March 4, 2016; the Plaintiff sold the mortgaged vehicle on April 1, 2016 and recovered KRW 17,37,450 as of August 11, 2016; and the fact that there is no dispute between the parties that there is any remaining interest of KRW 10,246,026,778,978 as of August 11, 2016.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the sum of KRW 11,025,004 and delay damages calculated by applying the interest rate of KRW 10,246,026 from August 12, 2016 to the date of full payment of the principal to KRW 25% per annum.

Meanwhile, the defendant filed an application for credit recovery support with the Credit Counseling and Appeal Commission and concluded an agreement on debt settlement with the creditors including the plaintiff to pay the debt amount in installments is without dispute between the parties. Accordingly, the defendant asserts that the claim of this case is unfair since it is the plaintiff's repayment of debt under the above agreement.

However, the credit recovery system is merely a system that assists in the debtor's economic recovery through debt adjustment, such as extension of the repayment period, repayment in installments, adjustment of interest rate, deferment of repayment period, and exemption from debt, etc. for a debtor who meets certain requirements, such as bearing excessive debts to various financial institutions, etc., and it cannot be deemed to have the validity of preventing the claim in this case merely. However, even if the plaintiff obtains an executive title through the lawsuit in this case, if the defendant complies with the terms of the debt settlement agreement, it shall collect the debt before

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