1. The Plaintiff’s individual rehabilitation claim against the Defendant is KRW 15,00,000 and the Plaintiff’s individual rehabilitation claim is fully repaid from October 19, 2014.

1. Basic facts

A. On October 19, 2009, the Plaintiff: (a) lent KRW 15,000,000 to the Defendant at interest rate of KRW 300,000 per month (two percent per month and twenty-four percent per annum); and (b) on October 19, 201, the repayment period was determined and lent to the Defendant.

B. From June 20, 2016 to March 31, 2017, the Defendant repaid the Plaintiff a total of KRW 18,000,000 as follows:

4,00,000 won on June 20, 201, 200 won on December 9, 2016, 2016, KRW 500,000 on August 11, 2016, KRW 500,000 on August 22, 2017, 200,000 on September 19, 2016, KRW 50,000 on September 32, 2017, 200,000 on KRW 2,00,000 on September 32, 2017, 2016, KRW 2,00,000 on March 31, 2017; and

C. On May 31, 2017, the Defendant filed an application for individual rehabilitation with the Incheon District Court 2017da27178, and the said court rendered a decision to commence individual rehabilitation procedures against the Defendant on January 25, 2018, while the instant lawsuit was pending.

When the Defendant submitted to the list of individual rehabilitation creditors a claim for the loan in dispute with the above loan claim, the Plaintiff raised an objection on May 21, 2018, and then changed the instant lawsuit to the lawsuit for confirmation of individual rehabilitation claims.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, 18,00,000 won paid to the Plaintiff by the Defendant was fully appropriated for 18,000,000 won for interest or interest for delay as of October 18, 2014 (=15,000,000 won x 0.24 x 5 years). Thus, the Plaintiff’s individual rehabilitation claim against the Defendant is 15,00,000 won for the above loan and the agreed interest rate of 24% for each loan from October 19, 2014 to the date of complete payment.

B. As to this, the Defendant introduced a third party to allow the Plaintiff to lend interest at a high interest rate or to rent a building at a high interest rate, and was exempted from part of the interest on the above loan in return for the Plaintiff to use magies, the Defendant at present asserted that there remains only interest KRW 11,00,000,000, but only written evidence Nos. 4-1 through 3, 5 is sufficient.