beta
(영문) 인천지방법원 2019.06.21 2019가단205083

구상금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 30,339,929 and KRW 30,257,013, among themselves, from January 25, 2019 to February 19, 2019.

Reasons

1. Determination as to the claim against Defendant A

A. In full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 5, the facts as stated in the reasons for the claim can be acknowledged.

B. According to the above facts of recognition as to the cause of the claim, the defendant is jointly and severally liable with the joint and several liability obligor B, a joint and several liability obligor, to pay the money and the delayed payment to the plaintiff, unless there are special circumstances.

C. Defendant’s assertion 1) The Defendant asserts to the purport that the instant lawsuit should be interrupted or dismissed inasmuch as the individual rehabilitation procedure is in progress by the Seoul Rehabilitation Court No. 2018da1081096. 2) The instant lawsuit is not suspended even in the case of individual rehabilitation (Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act), and the individual rehabilitation procedure has the authority to manage and dispose of the individual rehabilitation estate (Article 580(2) of the same Act), and even in the case of individual rehabilitation, the interruption and takeover of the lawsuit following the change of management and disposal authority are not subject to the suspension of the lawsuit following the change of management and disposal authority.

We do not accept the Defendant’s argument on a different premise.

In the lawsuit, the defendant is jointly and severally liable with B, a joint guarantor, to the plaintiff by January 24, 2019, total of 30,339,929 won, such as the amount of subrogated payment by January 24, 2019, and total of 30,257,013 won of the amount of subrogated payment by January 25, 2019 as the next day until February 19, 2019, the agreed interest rate of 10% per annum from January 25, 2019 to February 19, the last delivery date of the complaint of this case, and Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the main sentence of Article 3 (1) of the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (hereinafter referred to as "Special Cases") (amended by Presidential Decree No. 29768, May 21, 2019).