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(영문) 대전지방법원 2019.11.06 2019가단5915
대여금
Text

1. The defendant shall pay to the plaintiff KRW 59,623,987 and KRW 29,534,040 among them, from September 19, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 27, 2014, under the guarantee of D, the Defendant’s representative director, the Plaintiff: (a) determined and lent KRW 42,00,00 to the Defendant on April 24, 2015; (b) the interest rate of KRW 11.38%; and (c) the delay interest rate of KRW 15% to the Defendant.

B. D on June 13, 2014, filed an application for individual rehabilitation with Daejeon District Court 2014 Ma34159, and on November 3, 2014, the repayment plan was authorized.

D, according to its repayment plan, D pays the guaranteed obligation to the above loan obligations.

C. As of September 18, 2019, the principal of the Defendant’s loan obligation is KRW 29,534,040, and the sum of interest and delay damages pursuant to the agreed interest rate is KRW 30,089,947.

[Reasons for Recognition] Unsatisfy, entry of Gap's 1 to 7 evidence, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 59,623,987 won (=29,534,040 won +30,089,947 won) and damages for delay calculated at the rate of 15% per annum from September 19, 2019 to the date of full payment.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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