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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 50,435,366 and KRW 50,435,261 among the Defendants, from April 2, 2015 to June 10, 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 facts found above, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 50,435,366 (i.e., fixed amount of KRW 50,435,261; KRW 105,000; KRW 50,435,261; and the subrogated amount of KRW 50,435,261 among them, 12% per annum, which is the agreed interest rate from April 2, 2015 to June 10, 2015, which is the delivery date of the original copy of the instant payment order; and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings
2. The Defendants asserted that the judgment of the Defendants’ assertion did not comply with the Plaintiff’s claim since they applied for individual rehabilitation to the court.
However, even if the Defendants filed an application for individual rehabilitation, as long as the authorization of the repayment plan or immunity is not granted in the individual rehabilitation procedure, the proceedings in progress are not suspended or prohibited. Thus, the above assertion by the Defendants is without merit without further review.
(3) The court below held that the plaintiff's claim is reasonable and acceptable, and it is so decided as per Disposition by the assent of all participating Justices. (4) The plaintiff's claim is justified and there is no disadvantage in preparing a draft repayment plan in the individual rehabilitation procedure and obtaining authorization. (4) The plaintiff's repayment plan is authorized in the procedure.