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(영문) 수원지방법원성남지원 2020.07.07 2019가단18821
대여금
Text

The defendant shall pay to the plaintiff the amount of KRW 38,866,39 and KRW 36,477,098 from October 8, 2019 to the date of full payment.

Reasons

On April 18, 2019, the Plaintiff lent KRW 37,00,00 to the Defendant at 22.3% of the loan interest rate, overdue interest rate of KRW 24%, and the loan period from April 18, 2019 to April 18, 2024. The Defendant lost the benefit of time due to the delayed repayment of the principal and interest of the above loan on July 26, 2019. The amount of the loan as of October 8, 2019 plus interest of KRW 36,47,09,00 (including interest at delay) plus interest of KRW 2,389,301 can be recognized by taking into account the following facts: there is no dispute between the parties; or the entire purport of the pleadings in subparagraphs A and B.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount calculated by applying the rate of 24% per annum, which is the interest rate delayed from October 8, 2019 to the date of full payment, to the agreed interest rate of KRW 38,866,39 and the principal of the loan amount of KRW 36,47,09.

As to this, the defendant argued to the effect that since the defendant applied for individual rehabilitation by Suwon District Court 2019Da168018, he would repay according to the draft repayment plan of the above rehabilitation procedure, but the defendant is exempted from liability for the plaintiff solely on the above ground.

The defendant's above assertion is not accepted, since there is no influence on the litigation procedure of this case.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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