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1. The Defendant shall pay to the Plaintiff KRW 49,168,727 and the interest rate of KRW 15% per annum from February 25, 2016 to the day of complete payment.
Reasons
1. The allegations and judgment of the parties
A. In full view of the respective statements and arguments set forth in subparagraphs A through 5 above, the Plaintiff’s repayment of KRW 49,168,197 on behalf of the Defendant may be recognized.
Therefore, as the Plaintiff seeks, the Defendant is obligated to claim damages for delay calculated at the rate of 15% per annum from February 25, 2016 to the date of full payment after the original copy of the instant payment order was served on the Defendant, as the Plaintiff seeks.
B. As to this, the Defendant asserted that the application for individual rehabilitation has to be changed to the litigation for the confirmation of individual rehabilitation, since he filed an application for individual rehabilitation with the Jung-gu District Court 2015 Session 50519.
If a decision of individual birth was rendered after the filing of a lawsuit, the purport of the claim shall be modified in the form of seeking the inspection of individual rehabilitation claims. However, according to the statement of the evidence No. 1, only the order of prohibition was issued in the above rehabilitation procedure, but the decision of commencement was not made. Therefore, the defendant's assertion cannot
2. For this reason, the Plaintiff’s claim is accepted as a whole.