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(영문) 부산지방법원 2017.08.29 2017가단320718

구상금

Text

1. As to KRW 30,993,059 and KRW 30,570,39 among them, the Defendant shall pay to the Plaintiff the year from April 11, 2017 to June 14, 2017.

Reasons

1. Determination on the cause of the claim

A. The facts on the grounds of the attached claim (Provided, That the creditor is the plaintiff, and the debtor is deemed the defendant) have no dispute between the parties.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff 30,993,059 won (i.e., 30,570,399 additional guarantee fees of KRW 210,820) and 30,570,399 of the subrogated amount of KRW 211,840,000, whichever is the date of payment by subrogation, 12% per annum, which is the rate of delayed damages for the period from April 11, 2017 to June 14, 2017, which is the date of delivery of the instant payment order, and damages for delay by 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. Judgment on the defendant's assertion

A. The defendant asserts to the effect that the plaintiff's claim of this case is unreasonable since he applied for individual rehabilitation.

B. In a case where a lawsuit on individual rehabilitation claims has already been filed prior to a commencement order of individual rehabilitation procedures (see, e.g., the proviso to Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act and the Supreme Court Decision 2013Da42878, Sept. 12, 2013). The facts that the instant lawsuit has already been filed before the Defendant receives a commencement order of individual rehabilitation procedures are apparent in the record. Furthermore, there is no evidence to support that the effect of confirmation of claims on the existence and content of individual rehabilitation claims on the Plaintiff’s claims indicated in the list of individual rehabilitation creditors has occurred due to the excess of the objection period against the Plaintiff’s claims indicated in the list of individual rehabilitation procedures, and there is no evidence to support that the Defendant had the effect of confirmation of claims on the existence and content of individual rehabilitation claims (the Defendant appears to have filed an application for individual rehabilitation procedures by Busan District Court Decision 2016Da39560,

In the event that the plaintiff's claim is entered in the list of individual rehabilitation creditors, if the decision to commence the individual rehabilitation procedure and to authorize the repayment plan is made, the defendant is determined by the decision to authorize the repayment plan.