(영문) 서울남부지방법원 2016.11.10 2015가단227240

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(영문) 서울남부지방법원 2016.11.10 2015가단227240

대여금

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1. The plaintiff's primary claim shall be dismissed.

2. The defendant shall pay 51,000,000 won to the plaintiff.

3. The plaintiff.

Reasons

1. Basic facts

A. On April 13, 201, the Plaintiff loaned KRW 200 million to Company B, the agreed interest rate of KRW 4.19% per annum, and the delayed interest rate of KRW 12% per annum. On April 3, 2012, the Plaintiff loaned KRW 70 million per annum at the agreed interest rate of KRW 4.06% per annum, and the delayed interest rate of KRW 12% per annum (hereinafter “instant loan agreement”). At the time, Defendant A, the representative director of Company B, was jointly and severally guaranteed the instant loan agreement.

B. B From April 15, 2014, the instant loan agreement was terminated on August 20, 2014. As of June 30, 2015, the principal of the instant loan is KRW 85,000,000, and the aggregate of interest, substitute payment, etc. is KRW 12,277,86.

C. On the other hand, on October 25, 2012, the rehabilitation procedure was initiated by Suwon District Court 2012dan83 on October 25, 2012, and the Defendant was appointed as the custodian.

After that, the rehabilitation plan approval order was issued on November 18, 2013, and the rehabilitation procedure termination decision was rendered on January 23, 2014.

According to the authorized rehabilitation plan, 40% of the principal and interest before commencement of rehabilitation claims shall be exempted in cash, 60% of the debt to be repaid shall be paid in 2014 and 15% of the debt to be repaid shall be equal for two years from 2015 to 2016, 20% shall be equal for two years from 2017 to 2018, 45% shall be equal for three years from 2019 to 2021, and 10% shall be equal for three years from 2021, and the interest shall be exempted in full after commencement of rehabilitation claims.

However, in the rehabilitation procedure, the Plaintiff did not enter the Plaintiff’s claim for the instant loan in the list of rehabilitation creditors, etc. prepared by the Defendant, and the Plaintiff did not report the rehabilitation claim within the reporting period due to the Plaintiff’s failure to receive notification

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff is primarily the defendant who is a joint and several surety of the loan agreement of this case.

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