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(영문) 수원지방법원성남지원 2017.07.14 2017가단406
손해배상(기)
Text

1. The defendant shall pay to the plaintiff the amount of KRW 35,166,723 and KRW 15,096,564 from February 1, 2017 to the date of full payment.

Reasons

In full view of Gap evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff, a credit service provider, leased KRW 20,00,00 to the defendant on July 27, 201 under the condition of 36% per annum. The defendant, as of December 31, 2016, paid only part of the principal and interest on the above loan, and the remaining loan interest calculated at the statutory maximum interest rate of 25% per annum under the Interest Limitation Act is 35,16,723 won per annum, and the loan principal remains 15,096,564 won, and the loan principal is 35,166,723 won and 15,096,564 won, whichever is clearly after the loan to the plaintiff, has the obligation to pay damages for delay calculated by the plaintiff at the rate of 15% per annum from February 1, 2017 to the date of full payment, etc.

The judgment on the defendant's assertion is in progress according to the defendant's bankruptcy petition, and the plaintiff's above loan claims are bankruptcy claims and can only be exercised pursuant to the bankruptcy procedure. Thus, according to the evidence No. 4, the defendant reported the plaintiff to bankruptcy creditors on August 3, 2016 when filing bankruptcy and application for immunity with the Chuncheon District Court. The above court rendered a decision to declare bankruptcy against the defendant on October 18, 2016 as the lower court's 2016Hadan466, but it is recognized that the defendant withdrawn the application for immunity and the bankruptcy against the defendant on December 21, 2016 after the bankruptcy is declared. The fact that the bankruptcy procedure against the defendant was abolished on January 20, 2017 is significant in this court, and the above argument by the defendant is therefore groundless.

The plaintiff's claim for conclusion is justified.

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