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(영문) 부산지방법원 2018.06.26 2018가단312677
대여금
Text

1. The defendant shall pay to the plaintiff KRW 42,402,508 and KRW 27,814,568 among them from March 30, 2018 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. The facts on the grounds of the attached claim (However, the creditor is the plaintiff, the debtor is deemed the defendant) do not dispute between the parties.

B. According to the above facts, the defendant is obligated to pay to the plaintiff 2,402,508 won with interest rate of 25% per annum from March 30, 2018 to the date of full payment, and to pay damages for delay calculated at the rate of 29% per annum per annum from March 30, 2018 to the date of full payment, with interest rate of 7,657,705 won.

2. Judgment on the defendant's assertion

A. The defendant asserts to the effect that the plaintiff's claim of this case is unreasonable since he applied for individual rehabilitation.

B. In a case where a lawsuit on individual rehabilitation claims has already been filed prior to a commencement order of individual rehabilitation procedures (see, e.g., the proviso to Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act and the Supreme Court Decision 2013Da42878, Sept. 12, 2013). The fact that the instant lawsuit has already been filed before the Defendant receives a commencement order of individual rehabilitation procedures is apparent in the record. Furthermore, there is no evidence to support that the effect of confirmation of claims on the existence and content of individual rehabilitation claims on the Plaintiff’s claims indicated in the list of individual rehabilitation creditors has occurred due to the excess of the objection period against the Plaintiff’s claims indicated in the list of individual rehabilitation procedures (the Defendant filed an application for individual rehabilitation procedures with Ulsan District Court Decision 2018Da8464, Jun. 2, 2013; however, the Defendant’s assertion is without merit).

(At the same time, when the plaintiff's claim is entered in the list of individual rehabilitation creditors and the decision to authorize the repayment plan is made, the defendant is exempted from liability for the remaining obligations against the plaintiff according to the decision to grant immunity to the rehabilitation court after completing repayment according to the repayment plan prescribed in the decision to authorize the repayment plan.

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