beta
(영문) 인천지방법원 2020.02.14 2019가단272809

구상금

Text

1. The Defendant: 12% per annum from November 26, 2014 to January 31, 2016, as to KRW 99,178,721 among the Plaintiff’s KRW 99,179,253 and KRW 99,178,721.

Reasons

1. Recognizing the same facts as the entry in the list of the reasons for the claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 99,179,253, including the balance of subrogation, and the amount of subrogated 9,178,721 won, 12% per annum, which is the interest rate for delay of the relevant agreement, from November 26, 2014 to January 31, 2016, which is the date of subrogation, 10% per annum, which is the interest rate for delay of the relevant agreement, from the next day to March 31, 2019, 8% per annum, which is the interest rate for delay of the relevant agreement, and from the next day to November 24, 2019, which is the date of delivery of the original copy of the payment order of this case, until the date of full payment, to delay damages calculated by each 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

3. The Defendant asserts to the effect that, as the Defendant’s representative C had been proceeding with the Incheon District Court No. 2017 Congress 11074, the Defendant could not respond to the Plaintiff’s claim.

However, even if the individual rehabilitation procedure was initiated against C, who is the representative of the defendant, and the repayment plan authorization decision or immunity decision was rendered, it cannot be viewed that it affects any effect on the defendant.

(B) Along with the premise of individual rehabilitation procedures for C, a joint and several surety, rather than individual rehabilitation procedures for the defendant who is the principal obligor. Therefore, Article 30-3 of the Credit Guarantee Fund Act, which provides that if the principal obligation is reduced or exempted on the premise of individual rehabilitation procedures for the principal obligor, joint and several surety obligations shall also be reduced or exempted at the same rate, is not applicable. The defendant'

4. The plaintiff's claim for the conclusion is accepted on the ground of the reasons.