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1. It is based on the Defendant’s Changwon District Court Decision 2014Gau10936 Decided November 27, 2014.
Reasons
1. Basic facts
A. On July 27, 2011, the Plaintiff’s former spouse C as a borrower and borrowed KRW 3,000,000 from D (mutual name: E) at an interest rate of 3.25% per annum (39% per annum) and until December 26, 2011.
(hereinafter “The instant loan credit”). (b)
On November 1, 2011, the Defendant began to engage in credit business with the trade name “F,” and acquired the instant loan claim against the Plaintiff from D.
C. On October 25, 201 and October 31, 2011, G, the Defendant’s husband of the instant loan, set up a mortgage on the claim value of H automobiles owned by the Plaintiff as a collateral security right, with respect to which the claim value was KRW 1,00,000, and KRW 2,000,000.
On June 5, 2012, the plaintiff filed an application for individual rehabilitation with the Changwon District Court 2012 Congress 17668 and rendered a decision to commence individual rehabilitation procedures on June 18, 2013.
On January 14, 2014, the Plaintiff obtained a decision to authorize the repayment plan, and thereafter make repayment in accordance with the above decision to authorize the repayment plan until now.
E. The list of creditors of the above individual rehabilitation case includes the debt covered by the mortgage in G, and the repayment plan includes the principal amount of KRW 3,000,000 among them as the debt with the right to foreclose outside bankruptcy, and the remainder of which cannot be repaid by the right to foreclose outside bankruptcy is to be repaid in the amount of KRW 90,000,000 per month for 60 months.
F. Around May 12, 2014, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the instant loan claim with the Changwon District Court Branch 2014 Ghana10936.
On November 27, 2014, the above court sentenced the Plaintiff to “the Defendant shall pay the Plaintiff KRW 5,993,000 and KRW 3,000,000 with interest of KRW 39% per annum from February 28, 2014 to the date of full payment” and the above judgment became final and conclusive on December 23, 2014.
(hereinafter “instant judgment”). All service of a complaint, etc. against the Plaintiff was served by public notice in the instant case.
(g)...