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(영문) 서울중앙지방법원 2016.01.20 2015가단172078
대여금
Text

1. The defendant shall pay to the plaintiff KRW 46,374,755 and KRW 45,50,00 among them, from August 18, 2015 to the date of full payment.

Reasons

1. On April 17, 2013, the Plaintiff loaned KRW 46,00,00 to the Defendant 4.76% per annum of interest MOR, overdue interest rate of KRW 15% per annum, and April 18, 2015 (which shall be extended to March 25, 2016). However, the Defendant lost its profits due to delay in the obligation to pay interest, and on August 17, 2015, the balance of the principal and interest of KRW 46,374,755 (the principal, KRW 45,50,00,00, interest, etc.) was totaled KRW 46,374,755 (the principal and interest of KRW 874,755) is not disputed between the parties, or recognized by evidence A 1 and 2.

According to the above facts, the defendant is obligated to pay to the plaintiff 46,374,755 won in total of the principal and interest of loan and 45,50,000 won in total, and damages for delay calculated by the rate of 15% per annum from August 18, 2015 to the date of full payment, unless there are special circumstances.

2. The Defendant’s assertion argues to the effect that the instant claim cannot be complied with because the Defendant filed an application for individual rehabilitation procedures with the Seoul Central District Court Decision 2015Da137636 and filed an application for a trial. However, the lawsuit filed prior to the commencement decision of individual rehabilitation cannot be affected by the individual rehabilitation procedures until the commencement decision is rendered, and even if the instant judgment is rendered, the Defendant cannot be deemed to have any disadvantage in preparing and obtaining authorization for the rehabilitation plan in the future. Individual rehabilitation creditors may be reimbursed prior to the commencement decision of individual rehabilitation, and litigation procedures are not suspended even if the individual rehabilitation decision is rendered (Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act), and the foregoing assertion is rejected.

3. Conclusion, the plaintiff's claim of this case is justified.

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