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The defendant shall pay 120,00,000 won to the plaintiff and 20% per annum from February 28, 2014 to the day of complete payment.
Reasons
1. The plaintiff lent 120 million won to the defendant on February 5, 2004 (hereinafter "the loan of this case"). At the time, the defendant issued and delivered three promissory notes with a face value of 40 million won to secure the loan of this case. However, the above promissory notes was not paid at the due date, and the plaintiff requested the defendant to repay the loan of this case several times after the expiration of the extended period, but the fact that the loan of this case has not been paid yet is not in dispute between the parties, or that the payment has not been made yet can be acknowledged if the whole purport of the pleadings is added to the statement in subparagraph 1-3.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 120 million won of the instant loan and damages for delay at the rate of 20% per annum from February 28, 2014 to the day of full payment, which is the day following the delivery of a copy of the instant complaint sought by the Plaintiff.
2. Judgment on the defendant's assertion of immunity
A. The defendant asserts that the decision is confirmed upon the declaration of bankruptcy and the decision of immunity from the Seoul Central District Court. The plaintiff's loan claim of this case was caused before the declaration of bankruptcy unless there are special circumstances, and the defendant's responsibility was wholly exempted by the decision of immunity from the defendant.
As to this, the Plaintiff asserted that the Defendant’s liability cannot be exempted pursuant to Article 566 subparag. 7 of the Debtor Rehabilitation and Bankruptcy Act, since the Defendant knew that the Defendant had the instant loan obligation against the Plaintiff at the time of applying for exemption, and did not enter it in the list of creditors.
B. Determination 1: (a) on December 6, 2012, the Defendant was declared bankrupt and granted immunity under the Seoul Central District Court Decision 2012Hau8394, 2012, 8394; (b) on December 27, 2012; and (c) on December 27, 2012, at the time of the said application for immunity.