구상금
1. The defendant's 44,245,776 won and 43,203,886 won among them shall be annual from June 26, 2020 to July 13, 2020.
1. The facts stated in the judgment on the cause of the claim (attached Form) do not conflict between the parties, or may be recognized by each entry in Gap evidence Nos. 1-5.
Therefore, the defendant is obligated to pay to the plaintiff 4,245,76 won in total with the remaining amount of subrogation and the fixed damages for delay up to June 25, 2020, and 43,203,886 won in total as to the remaining amount of subrogation, 10% per annum from June 26, 2020 to July 13, 2020, the delivery date of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. The defendant's assertion asserts that since the defendant applied for individual rehabilitation, the plaintiff's claim cannot be accepted.
However, solely on the ground that the Defendant applied for individual rehabilitation, the Plaintiff’s procedural acts are not prohibited or the litigation proceedings are suspended (Article 593(1)4 proviso and (5) of the Debtor Rehabilitation and Bankruptcy Act), and there is no evidence to acknowledge that the decision to commence individual rehabilitation has been rendered by the closing date of argument in the instant case, and even if so, the decision to commence individual rehabilitation has been rendered thereafter.
However, the instant litigation procedure constitutes “cases where a lawsuit regarding rehabilitation claims entered in the list of individual rehabilitation creditors at the time of commencement of individual rehabilitation procedures has already been filed,” and the litigation procedure is not interrupted.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.