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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 12, 2009, the Plaintiff’s assignment of claims to the Defendant, the Defendant, and C concluded a contract for the transfer of claims with the effect that the Plaintiff transferred KRW 80 million out of the Plaintiff’s sales price claims against the Defendant to C, and the Defendant paid the Plaintiff’s obligations to C.
B. Upon the completion of the adjustment of the construction cost, C filed a lawsuit against the Plaintiff and the Plaintiff’s wife D against the claim for the construction cost, and on June 28, 2010, the conciliation was concluded that “the Plaintiff, the Defendant, and D shall jointly and severally pay KRW 80,000,000,000 to December 31, 201, on condition that, if the payment deadline is extended, the payment shall be made by adding the interest calculated at the rate of 20% per annum to the date of full payment from January 1, 2012 to the date of full payment.”
(Korean District Court 2009Kahap5246). (c)
On August 27, 2010, the defendant applied for individual rehabilitation (the Jeonju District Court 2010 group 13), the above court decided to commence rehabilitation proceedings on October 26, 2010, and decided to authorize the repayment plan on July 20, 2012.
The list of creditors of the above decision to commence the individual rehabilitation procedure and the decision to authorize the repayment plan include C's claim against C.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. The Plaintiff’s assertion that the Plaintiff transferred the claim against the Defendant to C, and the conciliation was concluded as above by filing a lawsuit against the Plaintiff and D for construction cost claim due to the Defendant’s failure to perform the above obligation to C.
Nevertheless, the Defendant did not pay C by the due date specified in the conciliation protocol, and the Plaintiff repaid C around July 8, 2013 KRW 80 million.
Therefore, the defendant is obligated to pay to the plaintiff 80 million won and damages for delay from the date of subrogation.
3. According to the main sentence of Article 600(1)3, Articles 603 and 604 of the Debtor Rehabilitation and Bankruptcy Act, the individual rehabilitation procedure is commenced.