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(영문) 서울중앙지방법원 2018.05.03 2017가단5208549
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 275,469,160 and the amount of KRW 154,92,648 from July 19, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On February 9, 2012, the Plaintiff: (a) determined and lent KRW 200 million to the Defendant as interest rate “5.25%”; (b) “8% of loan interest rate for less than three months in arrears; (c) “9% of loan interest rate for three months or more; and (d) February 12, 2013, respectively.

B. The Defendant was unable to repay the above borrowed money at the maturity date, and accordingly, the principal amount of KRW 154,92,648 as of July 18, 2017 and interest in arrears 120,476,512 remain.

【Fact-finding without a dispute over the basis of recognition, entry of evidence Nos. 1 through 5, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the facts found in the judgment as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of the principal and interest of KRW 275,469,160 as well as damages for delay at the rate of 15% per annum as stipulated in the above agreement from July 19, 2017 to the date of full payment.

B. The defendant's defense was judged by the defendant's representative director B at the time of the above loan, and since the individual rehabilitation procedure against B was commenced and the repayment plan against the plaintiff et al is authorized, it is argued that some of the above loans were extinguished by the repayment.

In addition, the plaintiff does not dispute the fact that B pays the repayment amount according to the repayment plan in the individual rehabilitation procedure, but there is no evidence to acknowledge that the repayment amount was actually made to the plaintiff. Thus, the above defense cannot be accepted.

3. Thus, the plaintiff's claim is justified.

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