2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff 51,804,364 won (i.e., the principal and interest of 51,219,495 won as the principal and interest of credit card payments of 584,869 won) and, among them, 16.47% per annum, which is the agreed delay interest rate of 16.47% from May 11, 2015 to the date of full payment, and 566,592 won as the principal and interest of credit card payments of 21.5% per annum, which is the overdue interest rate of 21.5% per annum, from May 11, 2015 to the date of full payment.

B. As to this, the Defendant filed an application for individual rehabilitation procedures with the Jeonju District Court 2015da5603, the Plaintiff’s claim is groundless. However, the individual rehabilitation court may, if deemed necessary, order the prohibition or suspension of compulsory execution based on individual rehabilitation claims or all acts of receiving repayment or demanding repayment of individual rehabilitation claims by the time when the application for commencement of individual rehabilitation procedures is filed, or ex officio, until the decision on the application for commencement of individual rehabilitation procedures is rendered (Article 593(1)4 proviso of the Debtor Rehabilitation and Bankruptcy Act). However, the Defendant cannot order the suspension or prohibition of procedural acts (Article 593(1)4 proviso of the Debtor Rehabilitation and Bankruptcy Act).

Even if the plaintiff does not have any impediment to filing and maintaining the lawsuit of this case, the defendant's above assertion is without merit.

(4) In conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition by the assent of all participating Justices, since the plaintiff received an order of prohibition even after being sentenced to this decision, and thus, it is not possible to receive repayment or demand repayment from the defendant until the decision on the application for commencement of individual rehabilitation procedure is made.