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(영문) 부산지방법원 2015.04.03 2014가단250450
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 29,58,925 as well as KRW 27,716,672 among the Plaintiff, from October 15, 2014 to the day of full payment.

Reasons

According to the statement in Gap 1 and 5, on December 31, 2013, the Plaintiff loaned KRW 30 million to the Defendant at the interest rate of 18%, interest rate of delay 29%, period of loan 60 months, repayment method principal and interest rate of the Plaintiff. The Defendant was in arrears in the repayment of the above loan from September 2, 2014, and on October 14, 2014, the obligation of the above loan as of October 14, 2014 remains without repayment of the principal amount of KRW 29,58,925.

Thus, the defendant is obligated to pay the above 29,58,925 won to the plaintiff and the damages for delay of the principal amount of 27,716,672 won to the plaintiff, unless there are special circumstances.

In this regard, the defendant filed an application for individual rehabilitation with Daejeon District Court 2014da52782, and in this case, the plaintiff filed an application for individual rehabilitation, and the amendment to the creditor list, which added the plaintiff to the creditor list, and thus, the claim in this case cannot be complied with. However, the individual rehabilitation application alone cannot affect any claim in this case (i.e., the court rendered a decision to dismiss the application for individual rehabilitation procedure later according to the substantial facts in this court), and the above argument is without merit.

Therefore, the plaintiff's claim is justified.

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