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(영문) 대전지방법원 2018.02.07 2016가합106111
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 298,340,322 as well as the interest rate from November 16, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) International Limited Partnership (hereinafter “I”)

(2) On February 29, 2016, the Plaintiff prepared a notarial deed of debt repayment (quasi-loan for Consumption) contract between I and I as follows, and authenticated by the notary office of the Daejeon District Prosecutors' Office No. 1002 from the notary office of the Daejeon District Prosecutors' Office in 2016.

(hereinafter referred to as the “notarial deed of this case,” and Article 1 (Liability) of the said Notarial Deed provides that the Plaintiff shall pay KRW 300 million to the obligee as of February 29, 2016, and that the obligee subscribed to the obligee to pay the debt in accordance with each of the following provisions, and the obligee accepted the said debt.

Article 2 (Period and Method of Performance) was set as the last day of February 2017.

Article 3 (Interest) Interest rate was set at 07% per annum and paid on the 29th day of each month.

Article 5 (Amount of Delay Damages) When the debtor delays the repayment of principal or interest, 25% of the delayed principal or interest was paid to the creditor as the delay damages.

Article 6 (Forfeiture of Maturity Interest) If an obligor falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit of time for the obligations of the borrowed money, even if no other notification or peremptory notice

1. On February 8, 2017, I filed an application for adjudication of bankruptcy, commencement of rehabilitation procedures, or commencement of rehabilitation procedures with respect to the debtor. On March 7, 2017, I applied for commencement of rehabilitation procedures as the court 2017 Gohap5005. The rehabilitation procedures commenced on March 7, 2017, and on October 27, 2017, the rehabilitation plan was approved (hereinafter “instant rehabilitation procedure”).

In the above rehabilitation procedure, on December 28, 2017, the instant court decided to terminate the rehabilitation procedure on the ground that “I completed the repayment of rehabilitation security rights and rehabilitation claims according to the rehabilitation plan.” (iv) The Plaintiff is obliged to do so in the instant rehabilitation procedure.

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