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(영문) 서울남부지방법원 2020.02.14 2019가단269075

대여금

Text

1. As to KRW 131,804,99 and KRW 83,590,931 among the Plaintiff, the Defendant shall start from September 24, 2019 to October 27, 2019.

Reasons

1. The facts of recognition reveal that the Defendant borrowed KRW 100 million from the Plaintiff (the former Small and Medium Business Corporation before its change) at the interest rate of 3.7% per annum, 12% per annum (the rate of 6% per annum from January 1, 2019) and 10 million won per annum, and that the Defendant delayed the payment of debts under the loan agreement and lost its interest on March 5, 2015. The Defendant’s interest on the loan as of September 24, 2019 (the calculation of interest up to the previous day) was 131,804,99 won (the amount which serves as the basis for overdue interest shall be 83,590,931 won) did not conflict between the parties, or is recognized by the purport of the entire entries and arguments set forth in subparagraphs A and 4.

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 131,804,99 of the principal and interest of the loan and KRW 83,590,931 of the loan principal and interest and KRW 83,590,931 of the loan calculation base date, which is clear from September 24, 2019 to October 27, 2019 as the delivery date of the instant payment order from September 27, 2019, the interest rate of the agreed interest rate of KRW 6% per annum, and delay damages calculated by 12% per annum as stipulated by the Act on Special Cases concerning the

B. As to this, the defendant alleged that the defendant applied for individual rehabilitation as Incheon District Court 2014 Congress 12736, but since the representative director's individual rehabilitation procedure is in progress, it cannot be said that the procedure has an effect on the defendant, who is the subject of the obligation, who is separate right and the subject of the obligation. Thus, the defendant'

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.