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(영문) 서울남부지방법원 2020.01.16 2019가단258839
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 55,46,185 and KRW 46,00,000 among the costs, from August 21, 2019 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 8 as to the cause of the claim, the defendant: (a) on December 7, 2016, the defendant loaned the loan (hereinafter "loan No. 1) to the plaintiff at an annual interest rate of 8.8%; (b) annual interest rate of 16 million won; and (c) annual interest rate of 19% per annum; and (d) December 7, 2017 due date; and (b) thereafter, the defendant extended the maturity of the loan No. 1 to December 7, 2018; (c) the defendant extended the interest rate of 30 million won to the plaintiff on March 16, 2017; (d) interest rate of 9.1% per annum; (e) interest rate of 19% per annum; (e) interest rate of 16.8% per annum; and (e) interest rate of 16.8% per annum 16, 2018; and (e.g. 206. 16.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 5,466,185 won with 19% interest per annum from August 21, 2019 to the date of full payment.

2. The defendant's assertion that the defendant's application for individual rehabilitation cannot be complied with the plaintiff's claim of this case since the defendant filed an application for individual rehabilitation. However, the lawsuit that had already been filed before the individual rehabilitation procedure becomes final and conclusive in the individual rehabilitation procedure is not affected by the individual rehabilitation procedure, and even if the judgment of this case was rendered, it cannot be deemed that there was any disadvantage in the defendant's decision to commence the individual rehabilitation procedure or to prepare a draft repayment plan and obtain authorization.

3. Conclusion.

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