logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.11 2015가단161641
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 46,32,588 and KRW 45,000 among them, 24% per annum from July 17, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 12, 2014, the Plaintiff entered into a loan transaction agreement with the Defendant, and on the 14th day of the same month, the Plaintiff loaned KRW 45,00,000 to the Defendant on November 30, 2015, annual interest rate of KRW 8.9%, overdue interest rate of KRW 24%, annual interest rate of KRW 24%, and interest rate of KRW 24% on the basis of the Defendant’s loss of interest period at least twice.

B. However, the Defendant did not pay interest on the above loan from May 30, 2015, thereby losing the Defendant’s interest on the above loan.

C. The principal and interest of the loan as of July 16, 2015 is KRW 46,332,58 (interest of KRW 45,000,000).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of recognition as to the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the interest of KRW 46,32,588 as well as the interest of KRW 45,00,000, whichever is the loan principal, to the Plaintiff at the rate of 24% per annum, which is the overdue interest rate, from July 17, 2015 to the date of full payment.

3. The defendant's argument regarding the defendant's assertion that since the plaintiff applied for individual rehabilitation as Seoul Central District Court 2015 Ma135319 after the plaintiff applied for the payment order of this case, the plaintiff should be paid only through the individual rehabilitation procedure. However, even if the defendant applied for individual rehabilitation as above, even if the defendant applied for individual rehabilitation, the plaintiff's application for individual rehabilitation does not prohibit or restrict the litigation of this case. Thus, the above argument by the defendant

4. The plaintiff's claim is justified.

arrow