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(영문) 수원지방법원 2019.08.14 2019가단520239

구상금

Text

1. The Defendant’s KRW 50,378,890 for the Plaintiff and 8% per annum from March 6, 2019 to March 25, 2019.

Reasons

1. According to each of the statements in Gap evidence Nos. 1 through 7 (including additional numbers) as to the cause of the claim, all of the facts of the reasons for the claim are recognized.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remaining amount of KRW 50,378,890 and the delay damages calculated by applying each rate of 8% per annum from March 6, 2019 to March 25, 2019, the service date of the original copy of the instant payment order from March 25, 2019, the service date of the original copy of the instant payment order, and 15% per annum from the next day to May 31, 2019 under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (the interest rate before amendment of the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings) and the annual interest rate of 12% (after amendment of the above provision) under the Act on Special Cases Concerning Expedition

2. The Defendant’s argument regarding the Defendant’s assertion argues that the Defendant would repay the Plaintiff’s claim according to the repayment plan in the rehabilitation procedure, since the Suwon District Court 2019da29298 applied for individual rehabilitation. However, the Defendant’s application for commencement of individual rehabilitation procedure does not affect the instant litigation procedure (the decision to commence individual rehabilitation procedure was not made), and the Defendant’s above assertion is rejected.

3. In conclusion, the plaintiff's claim of this case is reasonable and acceptable.