대여금
1. The defendant shall pay to the plaintiff the amount of KRW 267,50,884 and the amount of KRW 93,375,90 from August 27, 2016 to the date of full payment.
According to Gap evidence Nos. 1, 2, and 3, the plaintiff lent 100 million won to the defendant on March 27, 2006 at the interest rate of 12% for the CD circulation profit rate of three months, and at the interest rate of arrears rate of 18% per annum. The defendant delayed the payment of the principal and interest on the loan, and at the rate of 93,375,903 won as of August 26, 2016, and the total amount of the principal and interest on the loan remains 267,50,84.
The defendant argued that the plaintiff's claim is improper because he was declared bankrupt immunity for the above loan.
However, according to the Eul evidence No. 1, the debtor who has been exempted from bankruptcy is not the defendant but the representative liquidator of the defendant, and since the decision to grant bankruptcy immunity to the representative of the corporation does not bring any legal effect to the corporation, the above argument by the defendant is without merit.
Therefore, the Defendant is obligated to pay to the Plaintiff 267,50,884 won with an interest rate of 18% per annum from August 27, 2016 to the date of full payment of the principal amount of KRW 93,375,90 among the principal amount of the loan and KRW 267,50,884.
The plaintiff's claim shall be accepted on the grounds of its reasoning.