대여금
1. The Defendant shall pay to the Plaintiff KRW 22,167,932 and the interest rate of KRW 15% per annum from January 28, 2015 to the day of complete payment.
1. Comprehensively taking account of the purport of the entire pleadings in the evidence Nos. 1 through 5 as to the cause of the claim, the Plaintiff loaned KRW 344,940,860 to the Defendant on September 7, 201, at the rate of 5.9% per annum and interest rate of 19% per annum. The Plaintiff, upon delay in the performance of the above loan obligation, paid KRW 287,895,15 by exercising a security right and received dividends of KRW 287,895,155 by exercising the security right, and partly repaid KRW 34,877,773 from the Defendant as of January 27, 2015, and paid KRW 22,167,932 as of January 27, 2015.
According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid loan amount of KRW 22,167,932 and damages for delay calculated at the rate of 15% per annum from January 28, 2015 to the date of full payment under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 28, 2015.
2. The Defendant asserts to the effect that the Plaintiff’s claim should be dismissed, since the procedure is in progress by filing a petition for bankruptcy and application for immunity with the Incheon District Court Decision 2015Hadan6153, 2015 Da6156.
However, the reason why the defendant applied for bankruptcy and application for immunity does not result in any limitation on the plaintiff's exercise of rights in the lawsuit. Thus, the defendant's argument is without merit.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.