구상금
1. The Defendant’s KRW 24,233,716 among the Plaintiff and KRW 17,154,88 among the Plaintiff, shall be KRW 7,036,151 from March 24, 2016.
In the absence of dispute between the parties, or in full view of the entries in Gap evidence 1-1 to Gap evidence 5 and the purport of the whole pleadings, the facts of the reasons for the claim (the creditor is the plaintiff, the debtor is deemed the defendant) are recognized.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 24,233,716 and the amount of KRW 17,154,88 of the principal subrogated on March 24, 2016 to the Plaintiff from March 24, 2016; KRW 7,036,151 of the principal amount subrogated on March 29, 2016; and KRW 7,036,151 of the balance of the principal amount subrogated on March 29, 2016 from March 29, 2016 to June 10, 2016, the agreed interest rate of KRW 12% per annum; and damages for delay calculated by 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
The Defendant asserts to the effect that the instant claim cannot be complied with, since the Defendant is expected to repay according to the rehabilitation procedure by filing an application for individual rehabilitation with the court 2016da24865.
However, even if a judgment is rendered on the instant lawsuit filed prior to the commencement order of individual rehabilitation, the Defendant cannot be deemed to suffer any disadvantage in preparing a rehabilitation plan and obtaining authorization in the future in the individual rehabilitation procedure. Therefore, the Defendant’s assertion is rejected.
The plaintiff's claim is justified and accepted as a whole.