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(영문) 서울남부지방법원 2015.04.23 2015가단6535
대여금
Text

1. As to KRW 25,848,632 and KRW 25,00,00 among them, the Defendant shall pay to the Plaintiff KRW 25,848,632 from November 15, 2014 to November 25, 2014.

Reasons

1. Basic facts

A. On September 11, 2013, the Plaintiff entered into a loan agreement with the Defendant (hereinafter “instant loan agreement”) with the term of KRW 25,00,00,00 for the loan principal, three years for the loan period, 7.4% per annum, 15.4% per annum for the overdue interest rate of more than one month, and 16.4% for the overdue interest rate of more than three months, and 16.4% per annum for the loan (hereinafter “instant loan agreement”). According to the said loan agreement, the applicant for the loan (debtor) shall repay 20% per year, 20% per year, 20% per year, and 60% per three years, according to the method of installment repayment, according to the loan agreement, the Plaintiff agreed to pay damages for delay calculated by adding the overdue interest rate from the time of loss of all obligations to the time of repayment.

B. Since July 25, 2014, the repayment of principal and interest under the instant loan contract was delayed, and the cause for the loss of profit was occurred. As of November 14, 2014, the balance of principal and interest of loan is KRW 25,00,000,000, the remaining principal and interest of loan and KRW 319,314, unpaid interest and KRW 529,318,00,000, and late 25,848,632.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 25,848,632 in total, and the remaining principal of the loan from November 15, 2014 to November 25, 2014, the agreed interest rate of KRW 15.4% per annum from November 25, 2014, which is the day following the date of calculating the final overdue interest, and the delay damages calculated at the rate of KRW 16.4% per annum from the next day to the date of full payment.

B. The defendant's assertion asserts that since the defendant's individual rehabilitation procedure is currently in progress, the plaintiff cannot respond to the plaintiff's claim.

On September 4, 2014, the Defendant filed an application for commencement of individual rehabilitation procedures with the Cheongju District Court 2014 Cheongju District Court 18853, but the above-mentioned claims of the Plaintiff are included in the list of creditors and individual rehabilitation procedures against the Defendant.

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