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(영문) 부산지방법원 2016.01.27 2015가단239795
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 28,965,810 won and the period from October 2, 2015 to October 22, 2015.

Reasons

1. The fact that the judgment on the cause of the claim is based on the annexed sheet (Provided, That the "creditor" is "the plaintiff," and the "debtor" is "the defendant," and it is deemed that the defendants were led to confession under Article 150 of the Civil Procedure Act, since it does not clearly dispute this.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 28,965,810 won as the amount of reimbursement for subrogation, and damages for delay calculated at the rate of 12% per annum, which is the agreed interest rate, from October 2, 2015 to October 22, 2015, which is the date of final service of the original copy of the payment order in this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. The defendants' assertion asserts that the Busan District Court prepared an individual rehabilitation application, so they cannot comply with the plaintiff's claim.

However, even if the Defendants filed an application for individual rehabilitation, insofar as the repayment plan is authorized in the individual rehabilitation procedure or the exemption decision is not made, the fact that an application for individual rehabilitation has already been filed does not suspend or prohibit the proceedings that are in progress. Thus, the aforementioned assertion by the Defendants is without merit without having to examine it.

(3) The court below held that the plaintiff's claim is reasonable and acceptable, and it is so decided as per Disposition by the court below. (4) The plaintiff's claim is justified and there is no disadvantage in preparing a draft repayment plan in the future rehabilitation procedure and obtaining authorization, and if it is decided to authorize the repayment plan in that procedure, the plaintiff's claim and its repayment method will also be adjusted accordingly).

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