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(영문) 서울중앙지방법원 2020.04.29 2019나69201

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

The following facts are either disputed between the parties or acknowledged in Gap evidence Nos. 1 through 9, by integrating the whole purport of the pleadings.

① On January 14, 2011, C Co., Ltd., a registered credit service provider, extended a loan of KRW 4,000,000 to the Defendant at an annual interest rate of 39% and due date of payment on January 14, 2016.

② The above loan principal and interest claim was transferred through D Co., Ltd. on December 31, 2013 to the Plaintiff on February 22, 2014, and each notification of assignment of claims was also issued.

③ The principal and interest of loans that have not been repaid as of September 20, 2018 are KRW 3,516,721, and the principal of those loans are KRW 1,188,633.

[Defendant was decided to commence individual rehabilitation procedures on April 11, 2017 and entered the Plaintiff’s loan principal and interest in the list of individual rehabilitation creditors. Since the Defendant received a decision to authorize the repayment plan on October 12, 2017 and subsequently repaid part of the amount to the Plaintiff, the Defendant was decided to discontinue individual rehabilitation procedures on June 15, 2018, and the decision became final and conclusive around that time. On the other hand, even if the repayment plan is authorized in the individual rehabilitation procedure, the change of rights does not accrue until immunity becomes final and conclusive (Article 615(1) of the Debtor Rehabilitation and Bankruptcy Act), and the loan principal and interest are remaining after appropriating the amount repaid by the Defendant in accordance with the repayment plan with priority over interest or delay damages. Accordingly, the Defendant is obligated to pay the Plaintiff the principal and interest at the rate of interest, KRW 716, KRW 721, KRW 181, KRW 1831, KRW 2938, 2018.

The plaintiff's claim is justified.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed.