1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On October 7, 2010, Solomon Savings Bank (the trade name at that time was Solomon Savings Bank; hereinafter “ Solomon Savings Bank”) determined and lent 5,000,000 won to the Defendant at an annual interest rate of 30%, annual overdue interest rate of 42%, annual interest rate of 36 months, and the principal and interest interest of the Defendant.

(hereinafter “instant loan”). (b) The instant loan

The Defendant lost the benefit of time by failing to perform the obligation to pay in installments the principal and interest of the instant lending.

C. The Solomon Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap46, and the Plaintiff was appointed as the trustee in bankruptcy of the Solomon Savings Bank.

As of March 10, 2016, the principal and interest of the instant loan as of March 10, 2016 are KRW 11,684,593 (= Principal KRW 4,021,722 and delay damages).

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

2. Determination:

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the principal and interest of the instant loan amounting to KRW 11,684,593 and the principal amount of KRW 4,021,722, the damages for delay calculated at the rate of 42% per annum, which is the overdue interest rate, from March 10, 2016 to the date of full payment.

B. First of all, the Defendant’s argument regarding the Defendant’s assertion that: (a) the Defendant received a decision of individual rehabilitation under the Court No. 2013 210391; and (b) the Defendant did not intentionally state the instant loan obligations in the list of creditors; and (c) therefore, (d) the Defendant should be exempted from the instant loan obligations in accordance with

However, the effect of immunity in individual rehabilitation procedures is limited to claims entered in the list of individual rehabilitation creditors, and the effect of immunity does not extend to claims not entered in the list of individual rehabilitation creditors, regardless of the debtor's intention or negligence (Article 625 (2) 1 of the Debtor Rehabilitation and Bankruptcy Act).