Text
1. The defendant shall pay to the plaintiff 39,704,235 won and 37,983,290 won among them, from June 2, 2020 to the day of full payment.
Reasons
1. The grounds for filing a claim shall be as specified in attached Form;
(Provided, That the plaintiff, the creditor, and the debtor shall be deemed the defendant). [Grounds for recognition] Each entry and the purport of the whole pleadings as to Gap evidence Nos. 1 through 3
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff 39,704,235 won of the principal and interest of loan and 37,983,290 won of the principal and interest of loan, and damages for delay calculated by the agreed interest rate of 21% per annum from June 2, 2020 to the date of full payment.
B. The defendant asserts to the effect that since the Changwon District Court 2020 Ma10266 applied for individual rehabilitation, it cannot respond to the plaintiff's claim of this case.
However, even in the case of individual rehabilitation, 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 by the debtor.
(Article 580(2) of the same Act. Accordingly, the defendant's assertion on a different premise is rejected.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.