1. The defendant shall pay to the plaintiff KRW 33,875,051 and KRW 30,726,444 among them, from September 11, 2018 to the day of full payment.

1. Determination on the cause of the claim

A. The facts on the grounds of the attached claim (However, the creditor is the plaintiff, the debtor is deemed the defendant) do not dispute between the parties.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 27.9% per annum, which is the rate of delay damages, from September 11, 2018 to the date of full payment, as to the principal and interest of the loan of KRW 33,875,051 and the principal of the loan of KRW 30,726,444.

2. Judgment on the defendant's assertion

A. The defendant asserts to the effect that the plaintiff's claim of this case is unreasonable since he applied for individual rehabilitation.

B. In a case where a lawsuit on individual rehabilitation claims has already been filed prior to a commencement order of individual rehabilitation procedures (see, e.g., the proviso to Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act and the Supreme Court Decision 2013Da42878, Sept. 12, 2013). The fact that the instant lawsuit has already been filed before the Defendant receives a commencement order of individual rehabilitation procedures is apparent in the record. Furthermore, there is no evidence to support that the effect of confirmation of claims on the existence and content of individual rehabilitation claims on the Plaintiff’s claims indicated in the list of individual rehabilitation creditors has occurred due to the excess of the objection period against the Plaintiff’s claims indicated in the list of individual rehabilitation procedures (the Defendant filed an application for individual rehabilitation procedures with the Suwon District Court 2018Da21761, but the Defendant did not yet commence individual rehabilitation procedures). The Defendant’s aforementioned assertion is without merit.

(At the same time, if the plaintiff's claim is entered in the list of individual rehabilitation creditors and the decision to authorize the repayment plan after the commencement of individual rehabilitation procedures and the decision to authorize the repayment plan, the defendant is exempted from liability for the remainder of the claim against the plaintiff according to the decision to grant immunity from the rehabilitation court after completing repayment according to the repayment plan prescribed in the decision to authorize the repayment plan). 3. Accordingly, the plaintiff's claim against the defendant is justified.