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(영문) 서울중앙지방법원 2019.04.11 2019가단5041382
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 82,694,189 and the amount of KRW 46,027,939 among them, which shall be paid in full from October 16, 2018.

Reasons

1. Determination on the cause of the claim

A. (1) On April 19, 2013, the Plaintiff entered into a loan transaction agreement with the Defendant Company with a view to making loans to a company-specific loan, a loan amount of KRW 50,00,000, and a loan transaction agreement with a view to changing interest rates on April 18, 2014. Accordingly, on April 19, 2013, the Plaintiff lent the said money to the Defendant Company.

(2) When the Defendant Company fails to perform its obligation to the Plaintiff at the expiration of the extension period at the time of the foregoing loan transaction agreement, or when it loses its interest pursuant to the basic terms and conditions of bank credit transaction, it shall pay damages for delay to the remainder of the credit from that time, and shall apply the Plaintiff’s prescribed interest rate to the interest and damages for delay, and if there is any change in the interest rate,

(3) After that, the Defendant Company lost its interest on the loan principal and interest thereon due date. On October 15, 2018, as of October 15, 2018, the date of calculating interest, the Defendant Company delayed the amount of KRW 82,69,189 (hereinafter “the loan bond of this case”) including the loan principal amount of KRW 46,027,939 as of October 15, 2018.

(4) On the other hand, the current rate of damages for delay applied to the instant loan is 15% per annum.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5, the purport of whole pleadings

B. According to the above facts of determination, the Defendant Company is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 15% per annum, which is from October 16, 2018, to the day of full payment, with respect to KRW 82,69,189 of the principal and interest of the remaining loan and KRW 46,027,939 of the balance of the principal and interest of the loan, as requested by the Plaintiff.

2. Determination on the defendant company's defense

A. The summary of the defense was that the Seoul Central District Court rendered a decision to authorize the repayment plan in the individual rehabilitation case No. 2014da4241 and the decision to authorize the plan became final and conclusive.

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