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(영문) 서울중앙지방법원 2018.10.10 2018나5729
대여금
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around September 26, 2001, the Plaintiff entered into a credit card use agreement with the Defendant. As of September 6, 2017, the balance of the credit card use price is as listed below [Attachment 1].

[Attachment 1] (Unit 1): 423,665 0 531,949 0 7,660 963,274 23.3% of CA 300,005,136 1,571 306,707 24.3% of the RS 1,495,68 8,046 348,807 27,689 5,579 1,885,789 24.3% of the annual premium 300,638,6361,846 1,581,537,5375,589 24.3% of the annual premium/s 3000 6300 6300,638,1846 1,581,6382,537,582,57

B. Around October 30, 2015, the Plaintiff entered into a card loan agreement with the Defendant and loaned the amount to the Defendant. As of September 6, 2017, the balance of the loan as of September 6, 2017 is as follows.

[Attachment 2] (Amount-unit: 12 9,60,600,400,400,000 85,809 30,7614,516,570 23.3% 23.3% 2 5,200,000 2,383,342 46,480 16,622,446,484 23.3% total 14,80,806,783,34213,289,47,4236,963,963,054 / [Grounds for recognition] The fact that there is no dispute over the respective statements in subparagraphs 1 through 3, and the purport of the whole pleadings

2. Judgment on the Defendant’s main defense

A. The summary of the defendant's assertion was that the defendant filed an application for individual rehabilitation with respect to the defendant's debt to the financial institution including each of the claims in this case and the decision to authorize the repayment plan was confirmed by the rehabilitation court.

Therefore, the Plaintiff’s lawsuit of this case is unlawful.

(b) In the event that any claim entered in the list of individual rehabilitation creditors submitted by the debtor has been confirmed as described in the list of individual rehabilitation creditors with respect to any claim for which the debtor has filed in the list of individual rehabilitation creditors, the claim that belongs to the same subject matter of lawsuit has no interest in dispute by any lawsuit.

In the instant case, comprehensively taking account of the overall purport of the pleadings, the Defendant’s statement Nos. 1, 2, and 2-1 through 3 of the evidence Nos. 2, as a whole, August 29, 2017.

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