대여금
1. The defendant shall pay to the plaintiff the amount of KRW 34,695,337 and KRW 23,97,486 among them, from August 7, 2015 to the day of full payment.
On February 27, 2006, the Plaintiff provided loans to the Defendant at the interest rate of KRW 26 million-0.11% per annum, 21% per annum, and February 27, 2009 (e.g., the extension until February 27, 2013). In the event of a change in interest due to a change in the financial situation at the time of the loan or other reasonable reasons, the Plaintiff shall pay interest pursuant to the interest rate applied by the Plaintiff Union. The Plaintiff agreed to pay damages for delay for the balance of the loan from that time when the Plaintiff did not pay the loan due to the expiration date or the Plaintiff’s credit transaction basic terms and conditions of the Plaintiff Union’s credit transaction. The Defendant was unable to pay the interest at that time, and the Defendant lost the interest accrued to the Plaintiff on February 28, 2012 due to the Plaintiff’s failure to pay the loan at that time; the principal accrued to the Plaintiff as of August 6, 2015, including the loan principal amount of KRW 2397,486.36% per annum.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 21% per annum, which is the interest rate for delay from August 7, 2015 to the date of full payment of the loan principal of KRW 34,695,337 and the interest rate of KRW 23,97,486.
In light of the purport of Article 600(1)3 main text, Articles 603 and 604 of the Debtor Rehabilitation and Bankruptcy Act and the nature of the individual rehabilitation procedure, which is a collective debt settlement procedure, and the purport of the system for the final judgment on the individual rehabilitation claim inspection, the Defendant’s filing of the lawsuit in this case is unjust, while filing an application for individual rehabilitation. However, in light of the content of Articles 600(1)3 main text, 603, and 604 of the Debtor Rehabilitation and Bankruptcy Act and the purport of the system for the final judgment on the individual rehabilitation claim inspection, where a lawsuit regarding individual rehabilitation claims stated in the list of individual rehabilitation creditors