대여금
1. To dismiss the instant lawsuit that has been changed in exchange at the trial;
2. One-fifth of the total litigation costs is the Plaintiff.
1. Facts of recognition;
A. On September 6, 2013, the Plaintiff filed the instant lawsuit seeking payment of KRW 27 million (No. 27 billion) on the loan, which was March 19, 2013, and KRW 12.6 billion on January 17, 2012, including the penalty of KRW 273 billion, which was part of the contractual breach of options exclusive agreement (i.e., KRW 277 billion) and delay damages (i.e., KRW 27 billion) against B., the Plaintiff filed the instant lawsuit seeking payment of the amount of KRW 273 billion (i.e., KRW 27 billion) and damages for delay.
B. On April 18, 2014, when the first instance court was in progress, the Plaintiff revised the purport of the claim by adding the loan amount of KRW 53 million (Evidence 7-1 and 2) on January 29, 2013 to the loan amount of KRW 27 million, in addition to the loan amount of KRW 27 million as follows, and claiming only KRW 220 million out of the loan amount of KRW 12.6 billion among the loan amount of KRW 12.6 billion.
(hereinafter referred to as “each of the instant claims” by adding each of the foregoing loans and the penalty claims.
On August 28, 2014, the court of the first instance rendered a judgment that fully accepts the plaintiff's claim, and on September 12, 2014, B filed an appeal.
On the other hand, on September 18, 2014, Daejeon District Court 2014dan512 decided to commence rehabilitation proceedings, B decided to commence rehabilitation proceedings including the following in the above court on November 6, 2014, and the procedure was proceeded.
(hereinafter “instant rehabilitation procedure”). 1. Commencement of rehabilitation procedures for the debtor
2. The debtor shall be deemed a custodian without appointing a custodian for the debtor.
3. The period for submitting the list of rehabilitation creditors and rehabilitation secured creditors shall be from November 6, 2014 to November 26, 2014;
4. The reporting period for rehabilitation claims and rehabilitation security rights shall be from November 27, 2014 to December 17, 2014;
5. The inspection period for rehabilitation claims and rehabilitation security rights shall be from December 18, 2014 to January 7, 2015;
E. In the instant rehabilitation procedure, the Plaintiff’s each of the instant claims amounting to KRW 27 million as of March 19, 2013, and penalty for breach of options consulting agreements as of January 17, 2012.