대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff loaned KRW 5 million to the Defendant on September 23, 2016, and the Defendant agreed to pay the interest rate of KRW 27.9% per annum and freely repay the principal by September 23, 2021, the maturity of which is due. The Defendant lost its interest by delaying the repayment of interest after November 2, 2017, and lost its interest interest. As of February 8, 2018, the loan balance as of February 8, 2018 is recognized as constituting the cause of the principal amount of KRW 4,965,719, interest interest of KRW 371,979.
Therefore, the Defendant is obligated to pay to the Plaintiff the agreed interest calculated at the rate of 27.9% per annum from February 9, 2018 to the date of full payment, which is the following day of the above base date, with respect to KRW 5,37,698 and the principal amount of KRW 4,965,719.
The defendant's assertion asserts that since individual rehabilitation procedures against the defendant were commenced, the litigation procedures of this case shall be interrupted.
However, there is no restriction on the creditor's act of litigation even after the commencement of individual rehabilitation procedures (see Article 600 (1) 3 of the Debtor Rehabilitation and Bankruptcy Act). Thus, the defendant's assertion is without merit.
The plaintiff's claim is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.