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(영문) 서울중앙지방법원 2020.10.30 2020가단5050979
대여금
Text

The defendant shall pay to the plaintiff 62,310,468 won and 32,505,309 won among them from June 12, 2020 to the day of full payment.

Reasons

Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1, 2, and 3, the plaintiff entered into a loan transaction agreement with the defendant for lending KRW 100,00,000 on May 31, 2012, and a loan transaction agreement for lending KRW 50,00,000 on April 24, 2013. The defendant lost the benefit of time due to the repayment of part of the principal and interest of the debt under the above loan transaction agreement and the full payment on the due date. As of June 11, 2020 as of May 31, 2012, the balance of principal based on the loan transaction agreement as of May 31, 2012 as of the above shall be 10,920,89, damages for delay shall be 9,434,191, and damages for delay shall be 215,408,406,4106,37, and damages for delay.

According to the above facts, the defendant is obligated to pay to the plaintiff 62,310,468 won (=10,920,899 won 9,434,191 won 21,584,410 won 20,370,968 won) and 32,505,309 won (=10,920,899 won 21,584,410 won) from June 12, 2020 to the day of full payment of principal and interest, which is calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 12, 2020 to the day of full payment of principal and interest.

In this regard, the defendant asserts that C, the representative of C, was granted immunity by repaying part of the loans as a joint guarantor of each of the above loan transaction agreements in the individual rehabilitation procedure. However, since C is granted immunity in the individual rehabilitation procedure, it is not exempt from the defendant's debt, the defendant's above assertion is without merit.

If so, the plaintiff's claim is justified.

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