대여금
1. The Defendant’s annual interest in KRW 150,757,564 and KRW 96,459,081 among the Plaintiff, from March 18, 2019 to April 17, 2019.
1. The fact that, on March 16, 2012, the Defendant borrowed KRW 100 million at a rate of 2.7% per annum and 12% per annum (6% per annum from January 1, 2019) from the Plaintiff (Seoul Small and Medium Business Corporation before its change) on March 15, 2015. The Defendant delayed the payment of debts under the loan agreement and lost its profits as of July 31, 2014, and as of March 18, 2015 (Calculation of interest up to the preceding day) the above principal and interest amount was KRW 150,757,564 (i.e., principal amount 96,459,081 interest rate per annum 54,298,483 won) under the overall purport of pleadings and arguments by the parties to the loan.
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 150,757,564 of the principal and interest of the loan and KRW 96,459,081 of the remaining principal and interest of the loan from March 18, 2019, which is the date of service of the original copy of the instant payment order from March 18, 2019, to April 17, 2019, as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, 6% per annum from the following day to May 31, 2019, and 12% per annum from the next day to the date of full payment.
B. As to this, the defendant asserted that he filed an individual rehabilitation application with Suwon District Court 2015 Session 13905, but since the representative director's individual rehabilitation procedure is in progress, it cannot be said that the procedure has an effect on the defendant, who is the subject of the obligation, who is separate right and the subject of the obligation, the above argument by the defendant
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.