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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The Plaintiff: (a) on October 28, 2010, as of October 28, 2010, lent the amount of KRW 14 million to the Defendant on condition of installment repayment of principal and interest for 34.9% per annum; and (b) on November 27, 2013, on the ground that the Plaintiff transferred the above loan claims to the Plaintiff; (c) on December 5, 2013, upon delegation of authority from Aju Capital Co., Ltd., Ltd., the Plaintiff notified the Defendant of the assignment of claims; (d) on the ground that the Defendant failed to comply with the above installment repayment agreement after February 7, 201, and on December 1, 2013, as of December 1, 2013, the Defendant did not have a dispute between the parties to the above loan claims that the principal amount of KRW 13,304,116,15,127,211 remains; or (d) on the basis that the Plaintiff did not have an obligation to pay the principal and interest for KRW 131314.
2. On July 28, 2011, the Defendant claimed that the above loan claim was also exempted due to the confirmation of the above bankruptcy and immunity exemption, since the Defendant filed an application for bankruptcy or immunity with the Seoul Central District Court Decision 201Hadan8313, 201Mo8313, May 11, 2012, which became final and conclusive around that time after receiving bankruptcy or immunity exemption from the above court. As at the time of the above bankruptcy and immunity application, the above loan claim was omitted from the creditor list at the time of the above bankruptcy and immunity application.
In light of the period required for the Defendant to prepare for bankruptcy and immunity from the date of establishment of the above loan claim ( October 28, 2010) or the Defendant’s final installment repayment date ( February 7, 2011), the time when the Defendant actually prepared for bankruptcy and immunity can be seen as not much from the above loan date.