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(영문) 서울중앙지방법원 2018.04.26 2016가단108296

손해배상(기)

Text

1. The Defendant’s KRW 1,434,240 and KRW 938,117 among the Plaintiff’s KRW 24.5% per annum from February 27, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 2, 2012, the Plaintiff: (a) requested the Defendant, a certified judicial scrivener, to perform all duties related to the Plaintiff’s application for individual rehabilitation; and (b) on March 13, 2012, the Defendant received the application for individual rehabilitation on behalf of the Plaintiff as Seoul Central District Court 2012Da37841.

On July 13, 2012, the Plaintiff received a decision to authorize the repayment plan from the above court, and implemented the repayment plan as it is, and was decided to permit the discharge of the remaining obligations on June 14, 2017.

B. Upon receiving the Plaintiff’s application for individual rehabilitation, the Defendant attached the draft repayment plan, and the creditor list of the said draft repayment plan included the Plaintiff’s debt to the KCAC.

However, on April 6, 2012, the Korean Federation of Credit Guarantee Foundations subrogated for KRW 6,412,309, which is 85% of the Plaintiff’s debt to C, and submitted a report on change of creditor’s name to the effect that it knows such fact to the above court on April 20, 2012 and the creditor is changed.

C. Since then, even if the Plaintiff’s obligation to C remains partially, the Defendant, on May 2, 2012, included the Federation of Credit Guarantee Foundations in the creditors’ list, changed the creditors’ list to exclude C, submitted a draft repayment plan again, and finally authorized the draft repayment plan.

C Around February 2016, a lawsuit was filed against the Plaintiff for the performance of the principal and interest payment of the balance of the loan (Seoul Central District Court 2016dada590743). On August 12, 2016, the said court rendered a judgment that the Plaintiff would pay to the said C Bank 2,119,065 won and the amount calculated by the rate of 24.23% per annum from February 27, 2016 to the date of full payment, and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 2-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is a certified judicial scrivener entrusted with the application for individual rehabilitation by the plaintiff, and the Korean Federation of Credit Guarantee Foundations.