대여금
1. The defendant shall pay to the plaintiff KRW 55,43,05 and KRW 47,546,758 of these shall be the year from March 31, 2015 to the day of full payment.
1. The Plaintiff, on October 31, 2012, loaned KRW 47,546,758 to the Defendant. The Defendant, until March 30, 2015, overdue interest amounting to KRW 1,641,641,340, overdue interest amounting to KRW 6,24,907, and KRW 55,43,05,00. The agreed overdue interest rate is 15% per annum.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and 3 (including virtual numbers)
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the interest rate of KRW 55,43,05 and KRW 47,546,758, which is the principal, to the Plaintiff at the rate of 15% per annum from March 31, 2015 to the date of full payment.
B. The defendant asserts that the plaintiff's claim should be dismissed since the defendant filed an application for individual rehabilitation with the Incheon District Court.
The fact that the defendant applied for the individual rehabilitation (the Incheon District Court 2014 Session 109734) does not conflict between the parties, but the decision was made to commence the rehabilitation procedure for the defendant.
Since there is no assertion or proof as to the existence of a stay order of the court, the above assertion is without merit without further examination.
3. Conclusion, the plaintiff's claim of this case is justified.