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(영문) 서울중앙지방법원 2015.04.29 2015가단5020851
대여금
Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 112,764,256 and KRW 53,425,285 from October 21, 2014 to the date of full payment.

Reasons

Comprehensively taking account of the evidence No. 1 and evidence No. 2, the purport of the entire pleadings, the Seoul Mutual Savings Bank’s lending KRW 160,000,00 to the Defendant on December 31, 2010, and the obligation owed by the Defendant to the Seoul Mutual Savings Bank as of October 21, 2014 upon repayment of a part of the obligation, is 112,764,256, and the obligation owed by the Defendant to the Seoul Mutual Savings Bank as of October 21, 2014, based on the agreed interest rate of KRW 53,425,285 from October 21, 2014 to the date of full payment of the principal and accrued damages.

According to Articles 596, 603, and 604 of the Debtor Rehabilitation and Bankruptcy Act, the defendant claims that the plaintiff cannot respond to the plaintiff's claim because the defendant is in the process of filing an application for individual rehabilitation with the Incheon District Court. Thus, an individual rehabilitation creditor who has an objection to the contents of the list of individual rehabilitation creditors pursuant to Articles 596, 603, and 604 of the Debtor Rehabilitation and Bankruptcy Act shall file an application for a final judgment on an individual rehabilitation claim inspection within the prescribed objection period simultaneously with the decision on commencing the individual rehabilitation procedure. If an objection is raised against a right that has already been filed at the time of commencing the individual rehabilitation procedure, the contents of the lawsuit that has already been filed shall be changed to the lawsuit for final judgment on individual rehabilitation claim inspection, and if no objection is filed within the objection period, the claim shall be confirmed as recorded in the list of individual rehabilitation creditors, but there is no evidence as to the fact that the individual rehabilitation creditor's claim against the defendant is confirmed (the defendant's individual rehabilitation case is dismissed by the defendant's personal rehabilitation application and the defendant's appeal lawsuit is dismissed.)

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