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(영문) 대구지방법원김천지원 2016.05.26 2016가단444
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 139,00,000 and the interest rate of KRW 15% per annum from May 20, 2016 to the date of full payment.

Reasons

If the purport of the entire argument is added to the statement in Gap 1 and 4, the plaintiff extended a loan of KRW 120 million to the defendant on December 4, 2013 by setting the interest rate of KRW 600,000 per month and KRW 25,000 per month on April 13, 2014, lending KRW 5 million on September 25, 2014, and lending KRW 5 million on July 24, 2015, and the plaintiff demanded repayment of each of the above loans to the defendant before the lawsuit in this case was filed. Thus, the defendant is obligated to pay to the plaintiff the final claim for each of the above loans of KRW 139,00,000 as well as damages for delay calculated at the rate of 20% per annum from May 20, 2016 to the day following the filing of the lawsuit in this case.

The defendant has paid interest in good faith to the defendant, but the defendant applied for individual rehabilitation and is in progress due to difficulties in recent circumstances. Thus, if the defendant filed a lawsuit seeking the performance of claims listed in the creditors' list after the decision to commence individual rehabilitation case was made in the health room and the individual rehabilitation case, this would be inappropriate, and if the decision to commence the lawsuit was rendered after the lawsuit was filed, the purport of the claim would be changed in the form of seeking confirmation of individual rehabilitation claims. However, according to the search of reference materials and Konet case submitted by the plaintiff's agent, the defendant applied for individual rehabilitation under the Daegu Daegu District Court Decision 2016Ra8147 on February 11, 2016, but the decision to commence the procedure was not yet rendered. Thus, the defendant's above assertion cannot be accepted.

Therefore, we decide to accept the plaintiff's claim and it is so decided as per Disposition.

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