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.

Basic Facts

The Plaintiff filed a loan suit against the Defendant (hereinafter “previous suit”) under the Daejeon District Court’s Hongsung Branch 2015 Ghana421.

The Plaintiff asserted only the primary claim under the foregoing lawsuit. On September 9, 2015, the Plaintiff submitted the “application for modification of the purport and cause of the claim” to the above court, and on September 14, 2015, stated the “application for modification of the purport and cause of the claim” as mentioned above at the date of pleading, and added the following preliminary claim.

The primary claim: The defendant shall pay to the plaintiff 16 million won with 20% interest per annum from the day after the original copy of the payment order is served to the day of complete payment.

The cause of the claim: The Plaintiff lent to the Defendant KRW 11 million on August 21, 2012, and KRW 5 million on October 11, 2012, respectively.

The defendant shall claim for the total amount of KRW 16 million and delay damages for each loan to the defendant.

Preliminary claim: The defendant shall pay to the plaintiff the amount of KRW 16 million and the amount of KRW 11 million from August 21, 2012 to the date of each judgment; KRW 5 million from October 11, 2012 to the date of each judgment; and KRW 5 million from the next day to the date of full payment.

The cause of the claim: The defendant was liable to pay at least KRW 1.1 billion, and even if the rehabilitation procedure commenced from February 14, 2012 and borrowed money from the victim, it did not have the intent or ability to repay the money. The fact does not exist in the documents called a written consent for rehabilitation to pay the money. However, around August 21, 2012, the plaintiff was declared bankrupt, and on August 21, 2012, "I would like to pay the money within three months if I would like to obtain a written consent for rehabilitation by issuing a written consent for rehabilitation, if I would like to ask the person in charge of Red Agricultural Co., Ltd. to be able to receive a rehabilitation within KRW 21 million, and would have borrowed money from the plaintiff on the same day." The plaintiff on October 11, 2012.