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(영문) 서울남부지방법원 2020.11.26 2020가단268573
대여금
Text

1. The defendant shall pay to the plaintiff KRW 50,00,000 and the interest rate of KRW 9.9% per annum from February 27, 2020 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 through 3 of the judgment as to the cause of the claim, the Plaintiff granted a loan of KRW 50 million to the Defendant on August 26, 2019 at an annual interest rate of KRW 9.9% (hereinafter “instant loan”). The Defendant filed an application for individual rehabilitation with the Daegu District Court 2020 Daegu District Court 12587, and Article 7(1)3 of the Framework Act on Credit Transactions provides that the payment of interest on the instant loan shall be made until February 26, 2020.

According to the facts of recognition, the defendant has lost the interest on the debt of the loan of this case. Thus, the defendant is obligated to pay to the plaintiff the interest rate of 9.9% per annum from February 27, 2020 to the date of full payment of the principal of the loan of this case and the interest rate of 50 million won per annum.

2. On the judgment of the defendant's assertion, the defendant asserts to the purport that the plaintiff's claim is unjustifiable since the defendant filed an application for individual rehabilitation.

However, even if the judgment of this case is rendered, it cannot be deemed that there is any disadvantage in the defendant's filing of an application for individual rehabilitation or obtaining authorization of the decision on commencement of individual rehabilitation or the draft repayment plan in the individual rehabilitation procedure, and thus, the defendant's assertion is without merit.

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

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