대여금 등
1. As to KRW 245,545,323 among the Plaintiff and KRW 25,500,905, the Defendant shall be from July 29, 2016 to the day of full payment.
1. The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in Gap evidence Nos. 1 and 2 (including a serial number).
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 21.9% per annum under the agreement with respect to KRW 245,545,323 in total and KRW 25,500,900 per annum from July 29, 2016 to the date of full payment, 168,000 per annum under the agreement with respect to KRW 13.08% per annum from July 29, 2016 to September 5, 2016, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
B. On the ground of economic difficulties, etc., the Defendant asserts to the effect that the Plaintiff’s claim should be dismissed inasmuch as the Defendant filed an application for individual rehabilitation with Suwon District Court 2016Da1013493 and the procedure is in progress. However, the mere fact that the individual rehabilitation procedure against the Defendant is in progress does not necessarily restrict the Plaintiff’s exercise of right in the lawsuit. Thus, the Defendant
3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.