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(영문) 춘천지방법원강릉지원 2015.10.06 2015가단4616
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 33,00,000 and the interest rate of KRW 24% per annum from January 21, 2011 to the date of full payment.

Reasons

1. As to the claim against the defendant B

A. As to the cause of the claim, the Plaintiff: (a) on January 30, 2007, determined and lent KRW 20,000,000 to the above Defendant as interest rate of 2%.

B) While the above Defendant borrowed additional money from the Plaintiff while repaying the principal and interest of the loan under the above paragraph (a) to the Plaintiff, the Defendant prepared and issued a certificate of loan to the effect that the Plaintiff borrowed KRW 30,000,000 on January 12, 208 with interest rate of KRW 2% per month and October 30, 2008 with due date for repayment.

C) The Defendant, while paying the Plaintiff the principal and interest of the loan under the loan certificate as set forth in the above sub-paragraph (b), prepared and delivered a certificate of loan to the effect that the Plaintiff borrowed KRW 33,00,000 on October 20, 208 with interest rate of KRW 2% and July 20, 2009. D) The Defendant paid the Plaintiff the interest of the loan obligation under the loan certificate as set forth in the above sub-paragraph (c) until January 20, 201, and did not pay the remainder interest and the principal.

[Ground of recognition] The facts without dispute, part of Gap evidence Nos. 1 and 2 (including additional number) (the part against defendant B), and the purport of the whole pleadings. According to the above facts of recognition, the above defendant shall be the plaintiff, unless there are special circumstances.

A. (1) (c) The obligation to pay interest or delay damages based on the loan certificate as set forth in paragraph (1)(c) at the rate of 24% per annum from January 21, 201 to the date of the full payment of the principal amounting to KRW 33,00,000,00 and interest thereon (i.e., interest rate of 24% per annum (=2% per month x 12 months).

B. As to Defendant B’s assertion of discharge, the above Defendant was granted immunity on September 26, 2013 in Incheon District Court 2012:6755 exemption case; however, the Defendant asserted that the Plaintiff’s debt against the Plaintiff was entirely discharged since it did not enter the Plaintiff in the creditor list in bad faith. The obligor, upon receiving exemption, is exempted from the responsibility for the whole amount of the obligation to the bankruptcy creditors except for the distribution under the bankruptcy procedure, but the obligor is in bad faith to the creditor list.

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