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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Recognizing the following facts, the following facts can be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence Nos. 1, 2, 3-1, 2, 4-1, 2, and 5-9:
On September 27, 2012, the Plaintiff lent KRW 150,000,00 to the Formula 200,000 to the Formula 30 on November 30, 2012, and thereafter, upon the request of the Formula 1, the Plaintiff suspended the maturity on February 15, 2013.
B. On February 15, 2013, the 2010 Formula 1 (hereinafter “instant loan”) was postponed, and the Plaintiff received a letter of payment stating that “The instant loan shall be returned to April 30, 2013,” and if the date of return is not complied with, the Plaintiff shall pay damages for delay calculated at the rate of 20% per annum from December 1, 2012 to the date of full payment.”
C. On July 21, 2014, the Formula 2 filed an application for commencement of rehabilitation procedures with the Seoul Central District Court 2014 Ma10080 on September 1, 2014, and the Defendant was appointed as the manager of the Formula 203 on the same day.
The Defendant stated the Plaintiff’s list of rehabilitation creditors the claim KRW 150,00,000 of the principal of the instant loan, and did not raise an objection to the rehabilitation claim, etc. as determined at the time of the commencement of rehabilitation procedures (from September 26, 2014 to October 6, 2014).
Meanwhile, around September 26, 2014, following the period of reporting rehabilitation claims, etc. (from September 16, 2014 to September 25, 2014) at the time the decision on commencement of rehabilitation proceedings was rendered, the Plaintiff’s Debtor Rehabilitation and Bankruptcy Act, stating that “one hundred and fifty million won of principal, interest prior to the commencement of rehabilitation proceedings (referring to delay damages from December 1, 2012 as stipulated in the above payment angle), and twenty percent of interest per annum after the commencement of rehabilitation proceedings.”