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(영문) 수원지방법원 2015.11.24 2015가단52288
대여금
Text

1. As to KRW 200,000,000 among the Plaintiff and KRW 100,000,000, the Defendant shall pay to the Plaintiff KRW 50,000,00.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 and 2, the purport of the entire pleadings is as follows: (a) the Plaintiff loaned to the Defendant the amount of KRW 100,000,000 on December 5, 2014; (b) KRW 50,000,000 on December 19, 2014; and (c) KRW 1.5% on December 22, 2014; (d) the payment date of interest; and (e) the payment date of interest at the end of each month; and (e) the payment of interest at the end of each month; and (e) the Defendant did not pay at all the interest that the Defendant paid at the end of each month.

2. On August 21, 2015, the Defendant filed an application for rehabilitation with the Seoul Central District Court 2015 Ma100209, the list of creditors including the loan claims mentioned in the above paragraph (1). The above court claimed that the instant litigation procedure should be suspended pursuant to Article 59 of the Debtor Rehabilitation and Bankruptcy Act since it rendered a decision on October 6, 2015 on the commencement of rehabilitation proceedings with the Defendant. However, the Defendant’s assertion that the instant litigation procedure should be suspended in accordance with Article 59 of the Debtor Rehabilitation and Bankruptcy Act is not suspended even in the case of individual rehabilitation (Article 600(1)3 of the Integrated Bankruptcy Act).

(The legal text claimed by the Defendant is a provision applicable to general rehabilitation procedures)

3. If so, the defendant is obligated to pay to the plaintiff 20 million won and damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to September 30, 2015, on the records that the original copy of the instant payment order was served on September 21, 2015, as requested by the plaintiff, since the defendant is obligated to pay 18% per annum of the agreement from the day after the above lending date to September 21, 2015, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment, so the plaintiff'

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