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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. According to the overall purport of Gap evidence No. 1 and No. 4 as to the cause of the claim, the defendant joined the plaintiff's credit card member as a member of the plaintiff's credit card and bears the credit card payment liability of KRW 1,624,48 as of December 12, 2019, including the principal amount of KRW 1,241,30 as of December 12, 2019, and late payment penalty of KRW 388 as of KRW 1,624,48 as of December 18, 200
According to the above facts, the Defendant is obligated to pay the Plaintiff damages for delay calculated by the rate of 23.9% per annum from December 13, 2019 to the date of full payment with respect to KRW 1,624,48 with respect to the credit card price of KRW 1,241,30 and the principal amount of KRW 1,241,30,000 on the following day.
2. The defendant's assertion asserts that he/she cannot respond to the plaintiff's claim since he/she filed an application for individual rehabilitation with the Daegu District Court 2019 Congress 226793 and is currently underway.
On the other hand, the defendant's above individual rehabilitation case is in a state where the decision to commence rehabilitation procedures has not been made as of the date of closing argument in the trial ( even if the decision to commence rehabilitation has been rendered, the lawsuit that had been in progress at the time of the decision to commence rehabilitation procedures is still maintained to the defendant, who is the debtor, and thus, the right to manage and dispose of the lawsuit is not interrupted. Thus, the defendant's above assertion can proceed with litigation procedures, and the defendant's argument
3. The plaintiff's claim should be accepted as reasonable.
The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.