Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 13, 2003, the Plaintiff filed a lawsuit against the Plaintiff with the Gwangju District Court to grant a loan claim amounting to KRW 10 million, and the Gwangju District Court rendered a favorable judgment to the effect that “the Plaintiff shall pay to the Gwangju District Court the amount calculated at the rate of 17% per annum for KRW 10,645,936 and KRW 10 million for KRW 10,000 from October 25, 2012 to the date of full payment.”
(Daiju District Court Decision 2012Gaso5974 decided April 23, 2013, hereinafter “instant judgment”). B.
Since then, the defendant acquired the claim against the plaintiff from the Gwangju Bank.
C. On April 10, 2014, the Plaintiff and the Defendant concluded an agreement on debt adjustment and installment repayment to repay the debt amount of KRW 12,318,464, which is the amount calculated by applying the 30% reduction rate up to the time based on the instant judgment, from April 25, 2014; the first repayment date shall be April 25, 2014; up to March 25, 2024, KRW 119,000, respectively; and the last 120,000, respectively, to repay the debt amount of KRW 180,464.
(hereinafter “instant agreement” and “A evidence 1”). However, the instant agreement has the following commitments.
In any of the following cases, the Plaintiff, even if not notified or notified by the Defendant, will waive all the benefits under the installment repayment agreement, and will immediately repay the amount calculated by deducting the amount of debt paid after the debt adjustment from the total amount of debt to be borne by the Plaintiff, and will not raise any objection to the Defendant’s exercise of the claim:
Where the repayment of installment repayment is in arrears for at least three months;
(b) Where an agreement on debt adjustment has been concluded without reporting the ownership of the property (where an agreement is made to pay only a guarantee or an inheritance obligation, the property of the person related to the relevant obligation), which the plaintiff and the person related to the obligation have profit from recovery at the time of filing an application
(c) Debtor Rehabilitation and Bankruptcy Act;