logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.11.30 2018가단30374
구상금
Text

1. The Plaintiff’s rehabilitation claim against the Defendant is for KRW 5,00,000 and KRW 2,600,000 among them, from September 8, 2017 to 2,40.

Reasons

Comprehensively taking account of the overall purport of the pleadings, evidence Nos. 1 through 5 and evidence Nos. 6-1 and 6-2, the facts constituting the cause of the claim as indicated in the separate sheet can be acknowledged. The defendant applied for individual rehabilitation on March 15, 2016 by the Incheon District Court 2016Da101998 and filed an application for individual rehabilitation on June 4, 2018, the facts that the decision to commence individual rehabilitation procedure was significant in this court.

According to the above facts, a claim for the amount of indemnity due to each of the above payments is a claim arising before the rehabilitation procedure is commenced against the defendant, who is the debtor for rehabilitation.

Therefore, as the Plaintiff’s rehabilitation claim against the Defendant is claimed by the Plaintiff and the Plaintiff, the total amount of KRW 5 million (=2.6 million) and the amount of KRW 2.6 million among them shall be determined from September 8, 2017, which is the day after the date of withdrawal, to September 8, 2017, and from December 29, 2017, to the day after the date of original delivery of each of the instant payment orders from December 22, 2018, the amount of KRW 5% per annum as stipulated in the Civil Act, from February 22, 2018, and from the following day to the day of full payment, it shall be determined that it is a delay damages by 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

arrow