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(영문) 서울중앙지방법원 2015.07.08 2015가단39539

수당환수등

Text

1. The Defendant shall pay to the Plaintiff KRW 23,004,945 as well as 20% per annum from April 3, 2015 to the date of full payment.

Reasons

1. The facts as to the cause of the claim (However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”) are acknowledged in full view of the purport of the entire pleadings in the written evidence No. 1 and No. 7.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition 1.

2. The Defendant asserts that the Defendant cannot comply with the Plaintiff’s claim since the judgment on the Defendant’s assertion was in progress with the Jung-gu District Court 2014da201914, the individual rehabilitation procedure was in progress.

However, a lawsuit filed prior to the commencement decision of an individual rehabilitation procedure is not affected by the individual rehabilitation procedure until the commencement decision is made, and even if the judgment of this case is rendered, the defendant cannot be deemed to have any disadvantage in preparing a rehabilitation plan and obtaining authorization in the future in the individual rehabilitation procedure. Individual rehabilitation creditors may receive individual rehabilitation claims before the commencement decision of the individual rehabilitation procedure, and litigation procedures are not suspended even when the individual rehabilitation decision is made (Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act), and the defendant's above assertion is without merit.

3. Conclusion, the plaintiff's claim is justified and acceptable.