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(영문) 수원지방법원 2019.04.23 2016나13847
대여금
Text

1. The plaintiff's bankruptcy claim B against the plaintiff's bankrupt debtor B upon a claim for the change in exchange in this court is 61,769.

Reasons

1. The following facts of recognition do not conflict between the Parties, or are recognized by comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, 3, 5 (including each number; hereinafter the same shall apply) and Eul evidence Nos. 6 to 11:

A. From January 8, 2014, the Plaintiff: (a) set up a loan of KRW 50 million to B as 1% per month; and (b) agreed to collect KRW 12.5 million every three months from April 8, 2015.

B. The Plaintiff filed the instant lawsuit against B seeking the payment of interest or delay damages from October 9, 2015, which is the day following the date on which the Plaintiff was a person who received the payment of interest on the said loan amount of KRW 50 million and the interest thereon. In the first instance court, the Plaintiff asserted that B paid KRW 50 million to C, who is the Plaintiff’s agent, and the said obligation for the said loan was fully extinguished.

On July 21, 2016, the first instance court accepted the Plaintiff’s claim and rendered a judgment that “B shall pay to the Plaintiff 50 million won with 12% interest per annum from October 9, 2015 to January 18, 2016, and 15% interest per annum from the next day to the day of full payment.”

C. B appealed against the judgment of the first instance, and on August 11, 2017, during the appellate trial, the Seoul Rehabilitation Court 2017Hadan4265, and 2017Ma4265, which was in the process of the appellate trial, filed an application for bankruptcy and exemption, and was declared bankrupt on September 25, 2017, and the Defendant was appointed as the trustee in bankruptcy.

On or before July 31, 2018, the period for filing a bankruptcy claim, the Plaintiff filed a bankruptcy claim of KRW 50 million and KRW 11,766,66 as well as damages for delay from October 9, 2015 to September 24, 2017. However, on or after November 12, 2018, the amount of damages for delay from October 9, 2015 to September 24, 2017 plus KRW 14,766,294,160, the amount of damages for delay from September 24, 2017 to September 24, 2017, is KRW 50,000 and KRW 64,294,164,500,000, the aggregate of the above borrowed amount and damages for delay from September 24, 2017.

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