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(영문) 서울북부지방법원 2015.09.15 2014가단116780
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,587,473 and the interest rate of KRW 24% per annum from March 21, 2014 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. According to the facts without dispute, Gap evidence Nos. 1 through 5, and the purport of the entire pleadings, the defendant purchased co-sports vehicles on October 16, 2013 and borrowed 29,652,660 won out of the purchase price from the plaintiff as 24% per annum per annum. The defendant left 23,587,743 won in unpaid installments and lost the interest of March 20, 2014.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the unpaid obligation KRW 23,587,473 and damages for delay calculated at the rate of 24% per annum, the autonomous day of arrears, from March 21, 2014 to the day of full payment.

2. Although the Defendant filed an application for individual rehabilitation with the Seoul Central District Court (2014da66232) on March 28, 2014 regarding the Defendant’s assertion, the claim sought by the Plaintiff as the instant lawsuit was confirmed as individual rehabilitation claims until the date of closing the argument in the instant case.

There is no evidence that there was a decision to authorize the repayment plan or that there was a decision to authorize the repayment plan, and the defendant's above assertion is without merit.

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

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