The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

1. The Plaintiff asserts that he lent KRW 5.5 million to the Defendant, and sought payment of the loan amounting to KRW 5.5 million and its delay damages.

Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1, it is recognized that the plaintiff lent each of the following amounts to the defendant on August 22, 2016: (a) KRW 1 million (in December 22, 2016; (b) KRW 3 million on June 30, 2017; (c) KRW 50 million on May 22, 2017; and (d) KRW 4.5 million on a total of KRW 1 million, and there is no evidence to prove that the plaintiff lent the remainder one million to the defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 9, 2019, which is the day following the delivery date of a copy of the instant complaint, to the day of the first instance judgment, which is deemed reasonable for the Defendant to dispute about the existence and scope of the obligation.

2. As to the Defendant’s assertion, the Defendant asserted to the effect that the Defendant cannot accept the Plaintiff’s claim since it was impossible to repay his/her debt including the Plaintiff’s debt. However, in the case of individual rehabilitation, the Seoul Rehabilitation Court No. 2019da57776 applied for by the Defendant, the fact that the decision to commence the individual rehabilitation procedure was not made until the closing date of the argument in this case is significant in this court and that the Plaintiff’s lawsuit is not prohibited solely on the basis that the Defendant applied for

3. Thus, the plaintiff's claim should be accepted within the extent of the above recognition, and the remaining claims should be dismissed due to the lack of reasonable grounds.

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