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(영문) 대전지방법원 2016.01.20 2015가단202664
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 28,210,797 as well as the annual interest rate from December 28, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 12, 2013, the Plaintiff: (a) performed installment financing loans with the Defendants’ repayment of KRW 40,000,000 with the principal and interest equal for 36 months; and (b) the maturity on December 20, 2013 with the rate of delay compensation at 23.9% per annum.

B. The Defendants did not perform the above repayment of principal and interest from December 27, 2014.

C. The principal and interest of loans on December 28, 2014 are KRW 28,210,797.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 23.9% per annum, which is the interest rate for delay damages, from December 28, 2014 to the date of full payment, from the date following the day when the above delay occurs to the date of full payment.

B. The Defendants asserted to the effect that the instant lawsuit ought to be discontinued, since rehabilitation procedures are in progress.

In full view of the purport of evidence No. 8 as a whole, the following facts are established: (a) rehabilitation procedures for Defendant A Co., Ltd., which were initiated by Daejeon District Court 2015 Ma5016 and rehabilitation procedures for Defendant C, which were initiated by the same court 2015 MaMa504, respectively, on May 12, 2015; and (b) rehabilitation procedures for Defendant B, who were initiated by Daejeon District Court 2015 Ma501, which were abolished on April 28, 2015. As such, the aforementioned Defendants’ assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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