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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 5, 2007, Nonparty C Co., Ltd. ( brand name “D”) loaned KRW 4,00,000 to the Defendant by setting the lending period of KRW 39% per annum, interest rate of KRW 39% per annum, and delay damages rate of KRW 39% per annum until April 5, 2009 (hereinafter “instant lending Claim”); on April 30, 2008, Nonparty E Co., Ltd transferred the instant lending Claim to Nonparty E Co., Ltd. and notified the Defendant of the said transfer; on February 22, 2014, E Co. transferred the instant lending Claim to the Plaintiff and notified the Defendant of the said transfer. Accordingly, the Defendant is obligated to pay damages for delay calculated by the annual rate of damages calculated from February 4, 2012, which is the delayed payment rate of the principal amount of the instant lending Claim to the Defendant.
2. The defendant asserts that there is no benefit in protecting the rights of the lawsuit of this case.
In full view of the overall purport of the arguments in the statements in Eul evidence Nos. 1 through 3, the defendant applied for the commencement of rehabilitation procedure on February 4, 2008 with Busan District Court 2008Ma3, Apr. 16, 2008, and the above court was decided to commence rehabilitation procedure on April 16, 2008. The defendant, who is a debtor and concurrent administrator, as a creditor, entered D on April 5, 2008 into the list of rehabilitation creditors and submitted the loan claims in this case. Since the plaintiff did not raise an objection in the course of claims investigation, the above loan claims were recorded in the list of rehabilitation creditors (D as creditors) and the above loan claims were stated in the list of rehabilitation creditors. The defendant filed a lawsuit of this case on July 23, 2008 with the above court that obtained the rehabilitation plan approval on May 14, 2019; and the plaintiff filed the lawsuit of this case on May 28, 2019.
The table of rehabilitation creditors for rights recognized by the rehabilitation plan, based on any rehabilitation claim or rehabilitation security right, or the table of rehabilitation creditors.