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(영문) 대전지방법원 2015.02.03 2014가단41725
청구이의
Text

1. The Defendant’s decision on performance recommendation is based on the Daejeon District Court Decision 2004Gaso24015 regarding the Defendant’s claim for loans to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 25, 2002, the Defendant decided 20 million won to the Plaintiff as interest rate of 3% per month.

B. On October 12, 2004, the Daejeon District Court filed a lawsuit against the Plaintiff for a loan claim against the Daejeon District Court 2004Gapo240015. On March 12, 2004, the above court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) with the purport that the Plaintiff shall pay to the Defendant the amount calculated at the rate of 36% per annum from March 26, 2004 to the date of full payment (hereinafter “decision on performance recommendation of this case”). The above decision on performance recommendation became final and conclusive on November 17, 2004.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, 5, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserted that he paid a certain amount in cash to the defendant on November 14, 2005, and paid a certain amount of KRW 4,000,000 to the defendant on November 14, 2005, and the remainder was exempted from the plaintiff.

It is not so.

Even if the plaintiff applied for bankruptcy and immunity to the Chuncheon District Court on June 15, 2006, and received bankruptcy and immunity. Since the above immunity decision became final and conclusive on March 10, 2007, compulsory execution based on the decision on performance recommendation of this case shall be dismissed.

B. (1) The Defendant loaned 20,000,000 won to the Plaintiff on September 25, 2002 at interest rate of 3% as seen above. In full view of the purport of the entire pleadings, the Plaintiff and the Defendant agreed on November 14, 2005 to repay the said money to the Defendant as principal repayment, and thus, the remaining debt following the decision of the instant performance recommendation was reduced by 36% per annum from March 26, 2004 to June 29, 2007, which is the agreement rate of 16,000,000 won, and the rate of 30% per annum from the next day to June 29, 2007 to June 2007, which is the limit of interest rate of 30% per annum under the Act.

Therefore, above.

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