대여금
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On August 25, 2008, the Plaintiff loaned 4,200,000 won to the Defendant at a rate of 12% per annum and at a rate of 19% per annum, respectively.
(hereinafter “instant loan”). (b)
However, the Defendant lost the Plaintiff’s interest by delaying the payment of interest, etc., and as of September 13, 2016, the amount of the instant loan claims is KRW 2,37,672, including principal, KRW 3,418,507, and interest, KRW 5,756,179.
C. Meanwhile, on April 2, 2015, the Defendant was declared bankrupt by the Incheon District Court Decision 2014Hau4075, and the Defendant was granted immunity by the same court 2014Gu4063 on July 21, 2015. The foregoing immunity became final and conclusive on August 5, 2015.
The list of creditors accompanying the defendant at the time of bankruptcy and application for immunity includes the plaintiff's loan claims of this case.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings
2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that “The claim on the property arising before the declaration of bankruptcy against the debtor shall be a bankruptcy claim,” and Article 566 of the Act provides that “the debtor granted immunity shall be exempted from all obligations to the bankruptcy creditor except for dividends under the bankruptcy procedure: Provided, That this shall not apply to any of the following claims.” Thus, bankruptcy claims shall be exempted from the effect of immunity unless it does not constitute an exception under the proviso to Article 566 of the Act (see, e.g., Supreme Court Decision 2010Da3353, May 13, 2010). As seen earlier, the Plaintiff’s claim on the loans of this case constitutes a bankruptcy claim before the declaration of bankruptcy against the defendant, and as seen earlier, claims on this case are entered in the creditor list at the time the Defendant is granted immunity.”