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(영문) 수원지방법원성남지원 2019.07.26 2019가단5306
대여금
Text

1. The defendant shall pay to the plaintiff KRW 34,393,930 and KRW 33,700,951 among them, per annum from March 13, 2019 to the date of full payment.

Reasons

On November 16, 2017, the Plaintiff loaned KRW 37.9 million to the Defendant at 10.3% of the loan interest rate, and at 22.3% of the overdue interest rate, and the fact that the Defendant lost the benefit of the time due to the Defendant’s delinquency in paying the principal and interest more than twice, and the fact that the principal was 33,70,951 won, interest 69,251 won, and excess interest 6,272 won, as of March 11, 2019, does not conflict between the Plaintiff and the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff 34,393,930 won (i.e., KRW 33,700,951 won 69,251 won - KRW 6,272 won) and damages for delay calculated by the rate of 13.3% per annum that the Plaintiff seeks from March 13, 2019 to the date of full payment.

In this regard, the defendant asserts that the plaintiff's claim should be dismissed because it is scheduled to apply for individual rehabilitation, but there is no legal basis to recognize it.

If so, the plaintiff's claim is accepted.

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