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(영문) 서울중앙지방법원 2019.07.09 2019가단5066299
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 207,679,803 as well as KRW 115,935,130 as to the Plaintiff’s KRW 115,935,130 from October 10, 2018 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the Plaintiff loaned KRW 147,00,000 to the defendant on October 16, 2012 as of January 17, 2013 on the due date for repayment. The loan balance as of December 9, 2018 is the principal amount of KRW 115,935,130 and interest and delay delay damages amount of KRW 91,74,673, the fact that the overdue interest rate from April 13, 2018 is 15%.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 207,679,803 won of the loan balance as of December 9, 2018 and 115,935,130 won of the principal from December 10, 2018 to the date of full payment. Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and Article 3(1) of the former Act on Special Cases Concerning Legal Proceedings, etc. (amended by Presidential Decree No. 29768, May 21, 2019) per annum 15% per annum.

The defendant asserts that the claim of this case should be dismissed because individual rehabilitation procedures against the previous representative director of the defendant are in progress. However, since individual rehabilitation procedures against the previous representative director of the defendant affect the plaintiff's claim against the defendant, the above argument is without merit.

Therefore, the claim of this case is reasonable, and it is so decided as per Disposition by admitting it.

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