구상금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 86,380,701 and KRW 85,383,506 among them, from October 27, 2015 to December 27, 2015.
1. Each fact in the separate sheet of the judgment on the cause of the claim is not disputed between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the entries and arguments in Gap evidence Nos. 1 through 5. Barring any special circumstance, the defendants are jointly and severally liable to pay to the plaintiff KRW 86,380,701 and damages for delay in the amount of KRW 85,695,556.
2. The Defendant’s assertion and the Defendants’ determination are in progress rehabilitation procedures against the non-party company, which is the primary debtor, and the rehabilitation plan against the non-party company also becomes effective against the Defendants, who are joint and several obligors, and therefore, they claim to the effect that the Defendants’ obligations should be partially exempted
Pursuant to Article 250(2) of the Debtor Rehabilitation and Bankruptcy Act, the rehabilitation plan does not affect any right of rehabilitation creditors or rehabilitation secured creditors against the debtor's guarantor or any other person who bears the obligation jointly with the debtor for whom the rehabilitation procedure has commenced. Therefore, the aforementioned assertion by the Defendants on different premise is without merit.
3. Conclusion: (a) the Defendants are jointly and severally liable to pay to the Plaintiff 86,380,701 won and 85,383,506 won among them, the agreed interest rate of 12% per annum from October 27, 2015 to December 2, 2015, which is the last delivery date of a copy of the instant complaint against the Defendants; and (b) the interest rate of 15% per annum from the next day to the date of full payment.
The plaintiff's claim shall be accepted with due reason.