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(영문) 춘천지방법원 2015.08.13 2014나6675

대여금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 19, 2004, the Plaintiff lent KRW 5,000,00 to the Defendant without fixing the due date.

(hereinafter “instant loan 1”). (b)

On December 15, 2004, the Plaintiff lent 50,000,000 won interest rate of 2% per month to the Defendant on December 15, 2005 (hereinafter “the instant loan”) and the due date of repayment on December 15, 2005 (hereinafter “the instant loan”) and filed a lawsuit seeking the payment of the instant loan of KRW 24% per annum from March 12, 2009 to the date of full payment, and the said judgment became final and conclusive around that time.

C. On May 22, 2012, the Defendant was decided to commence rehabilitation procedures by the Daegu District Court 2012dan19, and the Plaintiff’s claim amount in the creditor list submitted by the Defendant was indicated as KRW 61,753,424, the sum of the principal amount of KRW 46,301,369, interest KRW 15,452,055, and interest KRW 61,753,424. However, the Plaintiff did not raise any objection despite being served with the notice of the credit report stated as above. As such, the Plaintiff’s claim amount

On the other hand, the rehabilitation plan submitted by the Defendant was resolved at the meeting of interested persons on October 29, 2012 and was decided to authorize the same day, and the above rehabilitation plan was decided around that time.

【Ground for recognition】 The fact that there has been no dispute, Gap's 1 through 4 and Eul's 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s claim reported in the rehabilitation procedure for the Defendant alleged to be the Plaintiff is separate from the instant loan No. 1, and since the instant loan No. 1 was not included in the rehabilitation plan, the Defendant is liable to pay the Plaintiff KRW 5,000,000 and damages for delay thereof.

B. Any property claim that occurred before the rehabilitation procedures commence against the debtor constitutes a rehabilitation claim and the debtor's rehabilitation and bankruptcy.