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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
The Plaintiff asserts that, as the bankruptcy trustee of the Future Savings Bank (hereinafter referred to as the “Smi Savings Bank”), the future Savings Bank transferred the loan claims against the Defendant of the Han Bank Co., Ltd. (hereinafter referred to as “I Bank”) as of June 18, 2014, the Plaintiff sought damages for delay against the Defendant for the balance of the loan principal and interest amounting to KRW 4,300,545 as of June 18, 2014, and for the balance of principal amounting to KRW 2,747,39.
According to the statements in evidence Nos. 1, 2, 3, and 4, the defendant filed an application for commencement of individual rehabilitation procedures with the Jeju District Court around 2004 204da1022 and filed an application for commencement of such individual rehabilitation procedures. In the above individual rehabilitation procedures against the defendant, one bank filed an application for the alteration of its name with the court on June 11, 2004 28,860,224 of the principal amount of the "credit loan repayment loan" with the defendant and its accrued interest 4,194,280 won (as of November 8, 2004). The defendant filed an application for a final judgment on individual rehabilitation procedures against this and filed an application for the alteration of the above claim with the court on March 16, 2010, 2003, and 3,000 won (as of June 29, 2004). The above creditor bank transferred the claim to the court on June 16, 2010.
On November 22, 2012, the court notified the Defendant of the assignment of claims by content-certified mail. On December 4, 2012, the future savings bank is deemed to have applied for a change of creditor’s name in the above court on December 4, 2012, but it is recognized that the repayment plan has been authorized in the above individual rehabilitation procedure, if authorized, whether the procedure has been abolished, and if abolished, the amount of repayment by the Defendant