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(영문) 서울중앙지방법원 2015.05.27 2015가단4083

대여금

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 81,161,849 and KRW 79,649,571 from January 3, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On September 12, 2014, the Plaintiff lent KRW 81,000,000 to the Defendant with a long-term installment repayment conversion loan, and decided on September 12, 2024 on September 12, 2024 to repay the interest and the installment principal equally on September 10, 201 without a grace period.

(hereinafter referred to as the “instant loan agreement”). B.

The basic terms and conditions of bank loan transactions applicable to the loan agreement of this case provide that when the payment of the principal and interest on installment payments or installment payments has been delayed on more than two consecutive occasions, the obligor shall lose the benefit of time and have the obligation to pay the principal and interest on installment payments (Article 7(2)). The Defendant lost the benefit of time by the delay in payment of installment payments at least twice.

C. As of January 2, 2015, the principal and interest of the loan obligations that the Defendant is obliged to repay to the Plaintiff is KRW 81,161,849 (principal KRW 79,649,571). The overdue interest rate set according to the terms and conditions of bank credit transactions applicable to the instant loan agreement is 18%.

[Ground of recognition] Evidence No. 1-4, Evidence No. 2, Evidence No. 3, and purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount calculated by applying the rate of 18% per annum, which is the overdue interest rate of 81,161,849 won and the principal of KRW 79,649,571 under the loan agreement of this case from January 3, 2015 to the date of full payment.

The defendant asserts that the plaintiff's claim in this case cannot be complied with since the court filed an individual rehabilitation application with 2015da5647.

Any individual rehabilitation creditor who has an objection to the details of the list of individual rehabilitation creditors pursuant to Articles 596, 603 and 604 of the Debtor Rehabilitation and Bankruptcy Act shall file an application for a final judgment on an individual rehabilitation claim inspection within the objection period prescribed at the same time as the decision on the commencement of individual rehabilitation procedures is made, and if there is an objection against the right which has already been pending at the time of commencement of individual rehabilitation procedures, the application shall continue