beta
(영문) 서울중앙지방법원 2016.02.03 2015가단150412

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 96,080,583 and KRW 95,000 among them, 15% per annum from August 27, 2015 to the date of full payment.

Reasons

1. The judgment on the Plaintiff’s claim is approved by the Plaintiff that the basic terms and conditions for bank credit transactions apply, and the Defendant borrowed KRW 95,00,000 on July 30, 201, with the maturity of the loan specified on April 29, 2015. The Plaintiff’s loan extended KRW 96,080,583 ( principal amounting to KRW 95,000,000; KRW 65,517; overdue interest; KRW 1,015,066) as of August 26, 2015 when the term of the loan expires, and there is no dispute between the parties as to the above loan with respect to the fact that the overdue interest rate applied around August 26, 2015 is 15.

Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum from August 27, 2015, which is the day following the date of calculation of overdue interest, to the day of full payment, with interest rate of 96,080,583 won and the principal of the loan 95,000,000 won.

2. The defendant's assertion that since the defendant filed an application for individual rehabilitation after the filing of the lawsuit in this case, the lawsuit in this case should be interrupted so that the defendant can repay the debt through the individual rehabilitation procedure. However, even if the defendant filed an application for individual rehabilitation after the filing of the lawsuit in this case, the lawsuit in this case does not affect the plaintiff's litigation in this case. Thus,

3. The plaintiff's claim is reasonable and it is so decided as per Disposition.