구상금(시효연장)
1. The defendant shall pay to the plaintiff KRW 60,430,498 and KRW 30 million among them, from May 23, 200 to KRW 8,430,498.
1. In full view of Gap evidence No. 1-1 and No. 2-2 of the judgment as to the cause of the claim, and the purport of the entire pleadings, the judgment of Daejeon District Court 2009Kadan34792 against the plaintiff is recognized as follows: "the defendant shall pay to the plaintiff 60,430,498 won and 30 million won among them from May 23, 2000, 8,430,498 won to the plaintiff; 5% per annum from September 29, 2000 to October 25, 200; and 25% per annum from the following day to the date of full payment (hereinafter referred to as "the judgment of the previous lawsuit"); and the judgment of the previous lawsuit becomes final and conclusive on October 13, 2009 against the plaintiff.
According to the above facts, in this case, the plaintiff filed a lawsuit in order to extend the prescription period for the claim for the judgment in the previous suit, the defendant is obligated to pay to the plaintiff 60,430,498 won with the amount of KRW 30 million from May 23, 2000 to KRW 8,430,498 with the amount of KRW 50 per annum from September 29, 2000 to October 25, 2000, and the amount of KRW 25% per annum from the next day to the day of full payment.
2. The defendant's assertion and judgment asserted that the claim for the judgment in a prior suit was exempted from the defendant's individual rehabilitation procedure, and that the plaintiff's claim cannot be satisfied.
Unlike bankruptcy proceedings, any claim not entered in the list of individual rehabilitation creditors in the individual rehabilitation procedures shall not have the effect of immunity for immunity because it is impossible to be repaid.
(2) According to the reasoning of evidence No. 32014, Jan. 12, 2017 (see Supreme Court Decision 2014Da32014, Jan. 12, 2017). The Defendant applied for individual rehabilitation on July 12, 2013 by Daejeon District Court 2013Da33456, Jul. 12, 2013, and paid the repayment amount upon authorization of the decision to commence individual rehabilitation procedure on September 2, 2013 and the repayment plan on December 19, 2013, and received a decision to grant immunity on April 16, 2019. However, according to the evidence above, the judgment of the previous court is recognized as having not been written in the list of creditors, and thus, the judgment of the previous court is final.