대여금
1. The defendant shall pay to the plaintiff the amount of KRW 39,323,646 and KRW 32,824,375 among them, from December 1, 2014 to the date of full payment.
Comprehensively taking account of the purport of the entire arguments as to Gap evidence Nos. 1 and 2, the Plaintiff entered into an agreement with the Defendant to receive repayment of the principal and interest in equal installments each month while lending KRW 75,00,000 with vehicle purchase funds at an interest rate of 11.9% per annum, overdue interest rate of 21.9% per annum, and the lending period of 60 months (hereinafter “the instant lending”). From January 30, 2014, the Defendant delayed the repayment of the principal and interest of the instant lending from January 30, 2014, lost profits arising from the instant lending from around that time; as of November 30, 2014, the Defendant lost profits arising from the loan lending; and as of November 32, 2024,375 won, overdue interest rate of 5,963,26 won, overdue interest rate of 375,521 won, interest rate of 160,524 won.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 39,323,646 won (i.e., 32,824,375 won overdue interest of KRW 5,963,226 with overdue interest of KRW 375,521 and interest of KRW 160,524) and damages for delay calculated at the rate of 21.9% per annum from December 1, 2014 to the date of complete payment.
As to this, the defendant asserts that the defendant cannot respond to the plaintiff's claim because he was in the process of the individual bankruptcy application under the Suwon District Court 2014Hadan7239 at present, so long as there is no evidence to prove that the defendant was declared bankrupt, the fact that the defendant filed a petition for bankruptcy does not have any influence on the rights and obligations between the plaintiff and the defendant. Thus, the above argument by the defendant is without merit.
Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.