대여금
The Defendant’s KRW 60,801,633 and KRW 45,243,913 among the Plaintiff’s KRW 8% per annum from May 14, 2020 to July 8, 2020.
According to the purport of Gap evidence Nos. 1 through 5 and the whole pleadings, the plaintiff lent 175,00,000 won to the defendant on May 28, 2018 on the due date for repayment and 4.959% per annum of the agreed interest rate, and the defendant lost the benefit of the due date due to overdue payment of interest. The plaintiff recovered part of the loan through the public sale of real estate entrusted by the defendant and collected it from the defendant as of May 14, 2020, and recognized the fact that the defendant has a loan claim of 60,801,63 won ( principal 45,243,913 won) against the defendant as of May 14, 2020.
According to this, the defendant is obligated to pay to the plaintiff 60,801,633 won and the principal amount of 45,243,913 won per annum from May 14, 2020 to July 8, 2020 (the delivery date of a duplicate of the complaint in this case) and 8% per annum from the following day to the day of complete payment (the agreed overdue interest rate) to the day of full payment (the interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings).
[Defendant asserted that when filing an application for individual rehabilitation, the Plaintiff would report the Plaintiff as the obligee and repay the loan monthly. However, the Defendant applied for individual rehabilitation (Seoul District Court 2020 Session 23067 individual rehabilitation), but the decision on commencing the rehabilitation procedure was not made on the closing date of pleadings in the instant case, so the litigation procedure in the instant case is not interrupted. The instant claim in this case is justified, and thus, it is so decided as per Disposition.