logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.10.15 2019가단243806
대여금
Text

1. The defendant shall pay to the plaintiff KRW 32,729,219 as well as KRW 31,832,725 among them, from June 14, 2019 to the day of full payment.

Reasons

1. In full view of the facts that there is no dispute over the cause of the claim, and the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 through 3, the defendant may recognize the fact that on January 16, 2019, the defendant reaches KRW 33,00,000, interest rate of KRW 15.9%, interest rate of delay rate of KRW 18.9%, interest rate of redemption rate of KRW 60 months, and interest of the loan extended by 32,729,219 (interest of KRW 31,832,725, interest of KRW 881,287, interest interest of KRW 15,207, etc.) as of June 13, 2019.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 18.9%, which is the delayed interest rate, from June 14, 2019 to the date of full payment, with respect to the principal and interest of 32,729,219 won and the remaining principal of 31,832,725 won.

Although the defendant asserted that he applied for individual rehabilitation regarding the above debt, even if the defendant applied for individual rehabilitation, the lawsuit that had already been filed is not affected by the individual rehabilitation procedure until the individual rehabilitation claim is confirmed within the pertinent procedure, and even if the judgment of this case is rendered, the defendant cannot be deemed to have any disadvantage in preparing and obtaining the rehabilitation plan in the individual rehabilitation procedure including the above debt in the future.

Therefore, the defendant's assertion that the plaintiff's claim is dismissed is rejected.

2. Thus, we conclude that the plaintiff's claim of this case is justified.

arrow