1. The defendant shall pay 40 million won to the plaintiff and 12% per annum from July 26, 2019 to the day of complete payment.

1. Recognizing the same facts as the entry in the list of the reasons for the claim.

[Ground for recognition] Unsatisfy

2. Determination:

A. According to the above facts in determining the cause of the claim, the defendant is obligated to pay the loan and damages for delay to the plaintiff, unless there are special circumstances.

B. The defendant's argument as to the defendant's argument is examined as follows.

Since the individual rehabilitation procedures of Incheon District Court 2019 Congress 1003353 against the defendant are in progress, the lawsuit of this case shall be suspended or its claim shall be dismissed.

However, even in the individual rehabilitation case, the litigation is not suspended (Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act), and the individual rehabilitation procedure has the right to manage and dispose of the individual rehabilitation estate (Article 580(2) of the same Act). Thus, even if the individual rehabilitation procedure commences, the suspension and takeover of the lawsuit is not subject to the change of the right to manage and dispose of the individual rehabilitation estate.

We do not accept the Defendant’s assertion on a different premise.

C. The Defendant is obligated to pay to the Plaintiff the amount of KRW 40,000,000 and damages for delay calculated at the rate of 12% per annum from July 26, 2019 to the day of full payment after the service of the original copy of the instant payment order.

3. The plaintiff's claim for the conclusion is accepted on the ground of the reasons.