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(영문) 부산지방법원 2015.10.06 2015가단50503
대여금
Text

1. The Defendant’s annual interest in KRW 30,489,755 and KRW 29,94,786 among the Plaintiff, from July 7, 2015 to September 30, 2015.

Reasons

In full view of the respective descriptions of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings, the facts of the reasons for the claim are recognized.

Since the defendant applied for individual rehabilitation, the plaintiff's argument is groundless, but the ground that the defendant applied for individual rehabilitation cannot be a valid defense against the plaintiff's claim. Therefore, the defendant's argument is without merit.

Therefore, the Defendant is obligated to pay to the Plaintiff 20% interest per annum from July 7, 2015 to September 30, 2015, and 15% interest per annum from the next day to the day of full payment.

(However, pursuant to the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective Oct. 1, 2015) and Article 2(2) of the Addenda of the same Act, the Plaintiff’s claim for delayed payment exceeding the rate of 15% per annum from October 1, 2015, among the Plaintiff’s claim, is dismissed. The Plaintiff’s claim in this case is justified within the scope of the above recognition, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.

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