구상금
1. The Defendants’ respective KRW 47,766,586 and KRW 47,766,546, respectively, shall be 10% per annum from July 16, 2019 to November 26, 2019.
1. The facts indicated in the separate sheet on the grounds of the Plaintiff’s claim (However, “creditor” and “debtor” mean that there is no dispute between the parties or the fact that the Defendant bears the liability for reimbursement against the Plaintiff in the reply may be acknowledged by taking into account the respective statements in subparagraphs 1 through 9 and the overall purport of the pleadings.
According to the above facts, the Defendants are obligated to pay to the Plaintiff the sum totaling KRW 47,766,586, and 47,766,546, of the principal and interest on subrogation based on the ratio of subrogation to be borne by the Defendants with the amount of reimbursement, as well as damages for delay calculated at the rate of 10% per annum under the agreement from July 16, 2019, to November 26, 2019, the delivery date of a copy of the complaint in this case, and from the next day to the date of full payment, 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
2. On the determination of the Defendants’ assertion, the Defendants asserted to the effect that they cannot comply with the Plaintiff’s claim, as they are expected to file an application for the individual rehabilitation procedure.
However, even if the judgment of this case becomes final and conclusive in the individual rehabilitation procedure, the lawsuit that had already been filed is not affected by the individual rehabilitation procedure (no evidence exists to acknowledge that the Defendants applied for the individual rehabilitation prior to the filing of the lawsuit in this case) and there is no disadvantage in the Defendants’ decision to commence the individual rehabilitation procedure or preparing a draft repayment plan in the individual rehabilitation procedure and obtaining authorization, and thus, the aforementioned assertion to the effect that the Defendants are entitled to accept it.
3. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is justified, and it is so decided as per Disposition.