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1. As to KRW 52,879,232 and KRW 33,400,00 among them, the Defendant shall pay to the Plaintiff the year from January 13, 2015 to May 3, 2016.
Reasons
1. Determination as to the cause of claim
A. In addition to the purport of the entire pleadings in Gap evidence No. 1, the fact that the plaintiff lent KRW 33,400,000 to the defendant on December 22, 2009 at an annual interest rate of 12% can be acknowledged. The plaintiff voluntarily recognized the fact that the plaintiff received reimbursement from the defendant on January 30, 2015.
B. Therefore, barring any special circumstance to the Plaintiff, the Defendant is obligated to pay 52,879,232 won [[3,40,000 won + 33,400,000 won + 0.12]-1,00,000 won] of the principal and 33,400,000 won of the principal and 33,40,000 won of the payment order from January 31, 2015 to May 3, 2016 when the payment order in this case was served on the Defendant from January 31, 2015 to May 30, 2016, interest or delay damages calculated at 15% per annum as stipulated in the Act on Special Cases concerning the Promotion of Legal Proceedings from the following day to the date of full payment.
2. Judgment on the defendant's defense
A. Although the defendant asserted that the plaintiff exempted the defendant from the obligation to return the above loan, there is no evidence to acknowledge this, the defendant's defense is without merit.
B. The Defendant’s assertion 1) asserts that the Defendant also exempted the above loan obligations upon the decision of immunity on July 14, 2010. 2) According to Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), the obligor who was exempted from the obligation is exempted from the obligation to the bankruptcy creditors except for the distribution under the bankruptcy procedure.
However, according to Article 566 subparagraph 7 of the Act, a claim that an obligor has not entered in the list of creditors in bad faith is not exempt from liability. The term "claim that an obligor has not entered in the list of creditors in bad faith" under the Act refers to a case where an obligor knows the existence of an obligation to a bankruptcy creditor prior to the decision of exemption from liability and fails to enter it in the list of creditors. If the obligor was aware of the existence