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(영문) 서울중앙지방법원 2014.12.18 2014가단187158
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 71,718,241 and KRW 58,241,839, among them, shall be fully paid to the Plaintiff from August 29, 2014.

Reasons

1. Facts of recognition;

A. On August 22, 2013, the Plaintiff loaned KRW 70,000,00 among Defendant A to Defendant A, Defendant A repaid the loan in installments over 48 installments, Defendant A paid interest rate of 13% per annum, and damages for delay calculated at the rate of 25% per annum at the time of arrears at least twice, and entered into a loan agreement between Defendant A to lose the benefit of the due date. Defendant B guaranteed Defendant A’s obligation.

B. The Plaintiff paid KRW 70,00,000 to Defendant A on August 22, 2013, but the Defendant A lost the benefit of time due to his/her failure to repay the installment payments and the interest. As of August 28, 2014, the total amount of KRW 58,241,839, interest KRW 13,476,402 was not repaid.

[Reasons for Recognition] Unsatisf

2. Determination:

A. According to the above facts of recognition, the defendants are jointly and severally liable to pay the same amount as the order to the plaintiff.

B. The Defendants asserted that Defendant A applied for individual rehabilitation, and that the Plaintiff’s claims are expected to repay through individual rehabilitation procedures after selling the secured articles with the right to separation.

However, the application of individual rehabilitation procedures does not affect other procedures by itself.

There is no evidence to acknowledge that there was a decision to commence the individual rehabilitation procedure of Defendant A by the date of the closing of the argument in the instant case, and Defendant B, a joint and several surety, cannot refuse the Plaintiff’s claim on the grounds that the individual rehabilitation procedure of

Therefore, the defendants' arguments are without merit.

3. Therefore, the plaintiff's claim is justified.

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