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(영문) 서울중앙지방법원 2015.05.27 2015가단5081771
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 159,271,191 and KRW 70,779,773 among them, from January 5, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On June 27, 2011, the Defendant decided on June 27, 201 as the due date for payment from Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) and received KRW 21,000,000 from the Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) on June 27, 201, the Defendant agreed to accept the damages for delay to be applied at the time of delinquency.

(hereinafter “instant loan”). (b)

The Defendant pays a part of the principal and interest of the loan after the instant loan, and the amount that the Defendant is liable to pay to the Plaintiff remains KRW 70,779,773 as of January 4, 2015, and KRW 88,491,418 as of January 4, 2015, and the interest rate for delay determined by the Seoul Mutual Savings Bank is 23% per annum after January 4, 2015.

C. Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Korea Deposit Insurance Corporation was appointed as the trustee in bankruptcy of Seoul Mutual Savings Bank.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the principal amount of KRW 159,271,191 (=the principal amount of KRW 70,779,773 for delay damages of KRW 88,491,418) and the principal amount of KRW 70,779,773 for delay damages at the rate of 23% per annum from January 5, 2015 to the date of full payment.

After submitting a written objection that does not have substantial contents on the Plaintiff’s claim, the Defendant filed an application to suspend the litigation procedure to the effect that, without submitting a written answer, “if the Plaintiff applied for the current bankruptcy or exemption, it is a state of requesting the suspension of the litigation procedure until

The fact that the defendant filed an application for bankruptcy and exemption with the Incheon District Court Decision 2015Hadan752, 2015Ma7555, and was declared bankrupt on May 14, 2015, which was after the conclusion of the pleadings of this case, is significant in this court. However, Article 247(1) of the Civil Procedure Act provides that a declaration of judgment may be made even during the suspension of proceedings, and the defendant shall be the plaintiff of this case.

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