1. The Defendant calculated the Plaintiff at the rate of 15% per annum from June 20, 2018 to the date of full payment.

1. Facts of recognition;

A. The Plaintiff, who is an air transport business entity, has carried out air transport several times from August 1, 2017 to March 31, 2018 according to the consignment of the Plaintiff, a stock company B (hereinafter “foreign company”), but was not paid KRW 227,215,130 out of the transport cost.

B. On April 2, 2018, the Defendant’s husband C, the representative director of the Defendant and the Nonparty Company, jointly and severally guaranteed the Defendant’s obligation of transport payment to the Plaintiff of the Nonparty Company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the defendant, a joint and several surety for the plaintiff of the non-party company, is obligated to pay 100 million won out of the transport amount unpaid to the plaintiff, and to pay damages for delay calculated at the rate of 15% per annum from June 20, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

B. On this issue, the defendant asserts to the effect that the individual rehabilitation court filed an application with the Seoul Rehabilitation Court 2018da48386, and the prohibition order was issued accordingly, and thus, the repayment will be made through the individual rehabilitation.

However, solely on the ground that the Defendant filed an application for individual rehabilitation and rendered a decision of suspension or prohibition, the obligee’s procedural acts are not prohibited or suspended (Article 593(1)4 proviso and Article 593(5) of the Debtor Rehabilitation and Bankruptcy Act), and there is no evidence to support that the decision of commencement of individual rehabilitation procedures was made by the closing date of argument in the instant case. Furthermore, even if a decision of commencement of individual rehabilitation procedures was made after the decision of commencement of individual rehabilitation procedures, the instant litigation procedures fall under the case where a lawsuit regarding individual rehabilitation claims stated in the list of individual rehabilitation creditors was

Therefore, the defendant's argument is without merit.

3. Conclusion, the plaintiff .