대여금
1. The defendant shall pay to the plaintiff KRW 40,985,861 as well as KRW 38,00,000 among them, from January 26, 2016 to the day of full payment.
1. The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by taking into account the overall purport of the pleadings in Gap evidence Nos. 1 and 2.
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 16.8% per annum, which is the overdue interest rate of 40,985,861 won in the balance of the instant loan and the principal of 38,000,000 won among them, from January 26, 2016 to the date of full payment.
B. As to this, the Defendant asserts to the effect that the Plaintiff’s claim should be dismissed, since the procedure is in progress by filing an individual rehabilitation application with the Suwon District Court No. 2015Da99275.
However, since the fact that individual rehabilitation procedures against the defendant are in progress, the creditor's procedural acts in this case for securing executive titles are not prohibited, the defendant's assertion is without merit.
(3) The plaintiff's claim of this case is justified. The plaintiff's claim of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case of this case.