대여금
1. The main part of the lawsuit in this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Basic facts
A. On January 25, 2014, the Plaintiff agreed to lend KRW 60,00,000 to C with the joint and several guarantee of B as the due date of July 25, 2014; KRW 30,000,000 per annum; and KRW 30,00,000 per annum; and KRW 30,00,000 per annum to C on January 25, 2014, respectively. < Amended by Act No. 12303, Jan. 29, 2014>
B. B, on August 14, 2014, filed an application for rehabilitation procedures with the Seoul Central District Court (former Seoul Rehabilitation Court) 2014dan10070, and received the authorization for rehabilitation plan on March 16, 2015.
C. The Plaintiff’s aforementioned rehabilitation procedure against B (hereinafter “instant rehabilitation procedure”) against B
The claim mentioned in the paragraph was not reported as a rehabilitation claim, and the above claim was not entered in the list of rehabilitation creditors.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, Eul evidence 1-2, Eul evidence 1-2, the purport of the whole pleadings
2. Judgment on the plaintiff's primary claim
A. The Plaintiff’s loan obligation against the Plaintiff as to the Plaintiff’s assertion remains at KRW 50,168,601 as of May 27, 2016, and KRW 27,420,920 as of KRW 50,168,60, and delay damages as of KRW 27,420,920. As such, B is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 77,589,521 as to the principal and interest of the foregoing loan obligation and KRW 50,168,601 as of KRW 50,00,000 per annum from May 27,
B. The Defendant’s assertion that the security deposit claim against the above loan claim (hereinafter “instant claim”) falls under the rehabilitation claim. However, the Plaintiff did not report the instant claim as the rehabilitation claim in the rehabilitation procedure against the Defendant, and the instant claim was exempted since it was not recognized by the rehabilitation plan.
C. (1) According to Article 251 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Debtor Rehabilitation Act”), when there exists a rehabilitation plan approval order, the debtor with respect to all rehabilitation claims and rehabilitation security rights except the rights recognized by the rehabilitation plan or by the law.