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부산지방법원 2015.02.06 2014나19322

대여금

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 21, 1996, the Plaintiff lent KRW 10,000,00 to the Defendant. On April 19, 1999, the Defendant repaid the leased principal in full, and on April 19, 199, KRW 6,00,00 from January 17, 1998 to April 19, 199, the interest rate of KRW 1,698,736 was overdue.

B. On August 14, 1996, the Plaintiff lent KRW 20,000,00 to the Defendant. The Defendant repaid all the leased principal on April 19, 199, and the interest accrued between December 15, 1997 and April 19, 1999, KRW 5,672,278 was overdue.

C. The Plaintiff filed a lawsuit against the Defendant for a loan claim claiming the payment of the above overdue interest amounting to KRW 7,371,014 as Busan District Court Decision 2004Gapo24389, and the above court rendered a judgment accepting the Plaintiff’s claim on September 20, 2004, and the above judgment became final and conclusive around that time.

On the other hand, on November 30, 2005, the Defendant filed an application for individual rehabilitation with the Busan District Court 2005Da54648, and was granted immunity on September 18, 2014 (hereinafter “instant immunity exemption”). On October 3, 2014, the exemption exemption of this case became final and conclusive, and the Plaintiff’s loans against the Defendant were also included in the list of individual rehabilitation creditors at the time of filing the application for individual rehabilitation.

[Ground of recognition] Class A 1, Nos. 2, Eul Nos. 1 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The gist of the parties’ assertion argues that the Plaintiff sought payment of unpaid loans to the Defendant for the interruption of extinctive prescription of the above loan claims, and that the Defendant was exempted from the above loan obligations upon receiving a decision of exemption pursuant to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) after the occurrence of the above loan claims, and thus, the Plaintiff cannot comply with the Plaintiff’s request.

B. Determination 1: “A debtor” under Article 581(1) of the Debtor Rehabilitation Act.