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Reasons
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(영문) 광주지방법원 2015.01.30 2014나7786
대여금
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1. Revocation of a judgment of the first instance;

2. On July 13, 2005, the defendant paid KRW 8,300,784 to the plaintiff and KRW 3,000,000 among them.

Reasons

1. Basic facts

A. On July 13, 2005, the Plaintiff lent KRW 3,000,000 to the Defendant on July 13, 2005 as interest rate of KRW 3% (13,00,000 per month) and on August 13, 2005. (2) The Plaintiff agreed to lend KRW 3,50,000 to the Defendant at interest rate of KRW 30% per annum on July 2005. Around July 2005, the Plaintiff wired the Defendant’s bank account of KRW 50,000 to the Defendant’s bank account.

B. From September 11, 2005 to September 26, 2005, the Plaintiff sold 1,800,784 won to the Defendant. The Defendant did not pay the purchase price of the above sapap.

2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff interest and delay damages calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which the Plaintiff seeks from July 13, 2005 to the date of full payment, with respect to the rate of 30%, 3,500,000 won per annum from September 1, 2005 to the date of full payment, whichever is clear from the date following the date of delivery of the instant payment order, to the date of full payment, with respect to the Plaintiff’s interest and delay damages calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 15, 2014 to the date of full payment.

3. The defendant's assertion on the defendant's exemption from liability is a defense that the defendant's obligation against the plaintiff was exempted from liability because the defendant applied for individual bankruptcy and exemption from liability and received immunity from the court

According to Gap evidence Nos. 5 and 6, the defendant applied for bankruptcy and exemption from liability on April 5, 2007 as the Gwangju District Court 2007Hadan3404, 2007Ma3406, and received a decision to grant exemption from liability from the above court on August 31, 2009. The above decision became final and conclusive around that time.

However, according to the purport of Gap evidence Nos. 3, 4, and 7 and the whole pleadings, the plaintiff around June 13, 2006.

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