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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
1. Basic facts
A. On November 26, 2014, the Plaintiff loaned to the Defendant the amount of KRW 10,000,000 as principal interest rate of KRW 3.91%p, the loan period of KRW 36 months, the overdue interest rate of KRW 30%p, the agreement rate of KRW 5,000,000 to the Defendant on January 21, 2016, the fluctuation rate of interest rate of KRW 5,000 (MOR 4.09%p), the loan period of KRW 36 months, and the overdue interest rate of KRW 3%p, respectively.
(2) After November 26, 2014, the repayment date of the first loan was changed to November 26, 2019; the repayment date of the second loan was 5.69%p of the changed interest rate; the repayment date of the second loan was January 26, 2019; and the interest rate was 4%p of the changed interest rate.
B. On December 15, 2017, the Plaintiff received KRW 1,575,41 as interest on the first loan between the Defendant and March 4, 2019, and KRW 892,746 as interest on the second loan. The Plaintiff applied for an order for the payment of the principal and interest on each of the instant loans remaining in the first instance court on August 9, 2019, and the total amount of the principal and interest on each of the instant loans was KRW 14,584,613.
C. On May 14, 2019, the Defendant filed bankruptcy and application for immunity with this court, and received a declaration of bankruptcy and a decision to grant immunity on August 16, 2019, and the decision to grant immunity became final and conclusive on August 31, 2019 (this Court Decision 2019Hau846, 2019, 840). The list of creditors attached by the Defendant at the time of the application to grant immunity is described only in C Association, D and E, and the Plaintiff’s name is not indicated. The date of lending and the amount of claims stated in C Association’s name are the same as the date of lending each of the instant loans and the amount of claims.
【Ground of recognition】 The fact that there is no dispute, Gap's 2 through 6 evidence, Eul's 3, 4, and 6 evidence, and the purport of whole pleadings
2. The parties' assertion and judgment
(a)a party’s assertion 1.