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1. Of the judgment of the first instance, the part against the defendant regarding a claim for a loan shall be revoked, and such revoked part shall be revoked;
Reasons
1. Basic facts
A. On October 4, 201, the Defendant leased the instant real estate from E.S. 29,170,000 won, monthly rent of KRW 236,100, and the lease termination period on the last day of the month following the lapse of the occupancy designation period including the first occupancy date (hereinafter “instant lease contract”).
(2) On December 21, 2011, the Plaintiff extended the instant lease agreement to the Defendant on December 21, 2011; and (3) on December 21, 201, the Plaintiff extended the instant lease agreement to the Defendant on December 21, 2012; and (4) the interest rate was set at a fluctuation rate.
(hereinafter “instant loan”). Since then the maturity of the instant loan was extended on December 21, 2014.
3) On December 12, 201, 201, before the above loan date, the Plaintiff secured the claim for the refund of the lease deposit, which the Defendant held against the SP Corporation on December 12, 201 (hereinafter “the claim for the refund of the lease deposit in this case”).
(4) On December 13, 2011, the Defendant sent to E.S., a certificate of content that the Defendant transferred the instant lease deposit to the Plaintiff. Around that time, the notice of assignment of claims has arrived at E.S. Corporation.
5) As to the instant loan, the Defendant’s interest accrued due to the Defendant’s failure to pay interest, and accordingly, 338,760 won interest and overdue interest accrued from December 7, 2013 to February 11, 2014. (vi) The Plaintiff filed the instant lawsuit with the court on March 21, 2014.
B. The Defendant filed an application for individual rehabilitation with the Seoul Central District Court on February 13, 2014. On April 7, 2014, the Seoul Central District Court rendered a decision to commence individual rehabilitation procedures (Seoul Central District Court Decision 2014Da31199 Decided April 2, 201). The instant loan is indicated as a general bond that has no security right in the list of individual rehabilitation creditors.