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(영문) 서울중앙지방법원 2016.04.22 2015가단189823
대여금
Text

1. As to KRW 83,238,789 and KRW 44,847,559 among the Plaintiff, the Defendant shall be from November 12, 2015 to the day of full payment.

Reasons

1. In full view of the overall purport of pleadings as to the grounds for the claim Gap evidence Nos. 1-1 through 4, Gap evidence Nos. 2-1 through 4, Gap evidence Nos. 3, and Gap evidence Nos. 4, the plaintiff set forth the defendant as the defendant, the plaintiff's claims on August 29, 2008, the amount of KRW 50,000 as the maturity date, July 29, 201, and the amount of KRW 113,00,000 as the maturity date on July 30, 2013. However, the defendant did not repay each of the above loans to each of the above maturity date, and the plaintiff's claims against the defendant as stated in the following table as of November 11, 2015, and the plaintiff's maximum overdue interest rate from November 26, 2015 to June 30, 2013 can be acknowledged.

The overdue interest rate of KRW 11,10,00,00,000,219,20,339,98 won per annum 15,808,217 won per annum 22,808,217 won per annum of loans 14,847,559 won per annum 14,842,476 won per annum 340,537 won per annum 30,537 won per annum 30,437,57,59 won per annum 44,847,59 won per annum 8,695 won per annum, 680,535 won per annum,238,7889 won per annum, unless there are special circumstances to the contrary, the Defendant is obligated to pay to the Plaintiff the balance of the principal and interest of loans 14,847,572 won per annum 25,475,781,75, per annum from the date of the settlement of accounts agreement.

2. The defendant's argument regarding the defendant's assertion is asserted that since the defendant's internal director B, a representative of the defendant, filed an application for individual rehabilitation with Seoul Central District Court 2012da 140921 and received a decision to authorize the repayment plan on August 29, 2013 from the above court, the plaintiff's claim in this case cannot be complied with. However, in the lawsuit in this case where the plaintiff seeks to discharge the principal obligation against the defendant who is a corporation, the defendant's individual rehabilitation procedure occurred to the representative of the defendant who is the joint guarantor.

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