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1. The defendant shall pay to the plaintiff KRW 30,924,308 and KRW 22,278,725 among them, from June 13, 2019 to the day of full payment.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition are as follows: (a) the Plaintiff’s claim for loans against the Defendant is established; and (b) the Plaintiff’s claim is established.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff a total of KRW 30,924,308, including the principal and interest of loans, and KRW 22,278,725, whichever is the principal of the loan, to delay damages calculated by the rate of 27.9% per annum from June 13, 2019 (the following day of the base date) to the day of complete payment.
2. Judgment on the defendant's assertion
A. The defendant alleged to the effect that he received and delivered the loan of this case upon his father's request. However, the defendant's above assertion cannot be asserted against the lending bank that is the creditor, and this part of the defendant's assertion is without merit.
B. The defendant asserts that since the competent court applies for individual rehabilitation, it cannot respond to the plaintiff's claim, since it bears a large amount of debts, such as loans in this case.
The defendant filed an application for individual rehabilitation with the Changwon District Court twice, and the first case was closed on March 27, 2019 for the Changwon District Court 2018 Session 1564 decided July 3, 2018, and the second case filed on August 7, 2019 for the Changwon District Court 2019Da115158 decided on August 7, 2019 was not yet established until the date of closing argument in this case, so this part of the defendant's assertion is not a legitimate reason for refusing the plaintiff's claim.
(C) The plaintiff's claim is justified. (4) If the decision to commence individual rehabilitation procedures is made and the rehabilitation plan is authorized in the procedure, there is a possibility that the contents of the claim by this decision can be modified accordingly).