(영문) 광주지방법원 2020.04.24 2019가단533746

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(영문) 광주지방법원 2020.04.24 2019가단533746

대여금

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1. The defendant shall pay to the plaintiff the amount of KRW 122,341,356 as well as KRW 118,980,200 from August 16, 2019 to the day of full payment.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. In full view of the respective descriptions of evidence Nos. 1 and 2 and the purport of the entire pleadings, the fact that the grounds for the attachment (i.e., “creditor” and “debtor” are all acknowledged, and the Defendant also submitted a written response to the purport that the facts of the claim are recognized.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff KRW 122,341,356 based on the loan transaction agreement concluded between the Plaintiff and the Defendant on March 14, 2019 (i.e., KRW 118,980,200 as of August 15, 2019, and KRW 3,361,156 as of the outstanding principal and interest of KRW 118,980 as of the outstanding principal and interest of KRW 118,980,20 as of the outstanding principal and interest of KRW 118,980,20 as of August 16, 2019, as sought by the Plaintiff from the date following the base date of the said attempted principal and interest to the date of full payment.

2. Determination on the Defendant’s assertion

A. As the defendant is currently preparing individual rehabilitation, the plaintiff asserts to the effect that he/she should receive repayment through the individual rehabilitation procedure.

B. However, there is no evidence to support the fact that the Defendant filed an application for individual rehabilitation, and the lawsuit that had already been filed is not affected by the individual rehabilitation procedure until it becomes final and conclusive in the individual rehabilitation procedure. Even if the instant judgment became final and conclusive, there is no disadvantage in the Defendant’s decision to commence the individual rehabilitation procedure or to prepare a draft repayment plan and obtain authorization in the individual rehabilitation procedure, and thus, the Defendant’s argument to the same purport

3. In conclusion, the plaintiff's claim against the defendant of this case against the defendant is justified, and it is so decided as per Disposition.

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