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(영문) 광주지방법원목포지원 2016.08.09 2016가단5830
대여금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 175,99,043 as well as KRW 83,361,90 from May 23, 2016 to the day of full payment.

Reasons

1. On October 15, 2012, the Plaintiff: (a) on October 15, 2012, the Plaintiff set KRW 99,00,00 to the Defendant as maturity of KRW 15% per annum; (b) on October 20, 2014, the Plaintiff leased KRW 50,000 to the Defendant at maturity of KRW 15% per annum; (c) on October 20, 2014; and (d) on May 22, 2016, the Plaintiff leased KRW 83,361,901, interest and delay delay interest, KRW 34,683,960; and (b) the loan obligation remains as principal amount of KRW 42,191,930, interest and delay interest, and KRW 15,761,252, there is no dispute between the parties concerned; or (d) the purport of the entire pleadings and arguments as a whole.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the annual rate of 15% per annum for KRW 83,361,99,043 (=83,361,901 KRW 34,683,960 KRW 42,191,930 KRW 15,761,252) and damages for delay calculated at the rate of 15% per annum for the principal amount of loans from May 23, 2016 to the date of full payment, and KRW 42,191,930 for the principal amount of loans from May 23, 2016 to June 7, 2016 to the date of full payment.

2. The Defendant asserts that the request of the Plaintiff cannot be accepted since the judgment on the Defendant’s assertion was filed with the Gwangju District Court 2016 Gwangju District Court 2016Da17712.

However, the decision to commence individual rehabilitation was not made in the above individual rehabilitation case until the closing date of the argument in this case, and the application to commence individual rehabilitation does not constitute a legal ground for the defendant to oppose the plaintiff's claim.

Therefore, the defendant's above assertion is not accepted.

3. In conclusion, the claim of this case is justified, and it is so decided as per Disposition.

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