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1. The defendant is jointly and severally with the non-party B as to KRW 126,261,579 and KRW 72,457,571 among them, from June 14, 2019.
Reasons
1. Determination of the parties' arguments
A. The facts in the separate sheet on the cause of the claim (Provided, That the creditor, the creditor, the debtor B, and the debtor A, the "the defendant," respectively) are liable to pay damages for delay at the rate of 11% per annum, which is the agreed interest rate for delay damages, from June 14, 2019 to the date of full payment, as the joint guarantor of the loan debt No. 3 in the separate sheet No. 126,261,579 as set forth in the separate sheet No. 3 in the cause of the claim against the plaintiff in the separate sheet No. 126,261,579 as the joint guarantor of the loan to the plaintiff in the non-party B, and the defendant is jointly liable to pay damages for delay at the rate of 11% per annum, which is the interest rate for delay damages, from June 14, 2019 to
B. The Defendant’s assertion 1) The Defendant’s assertion is in progress of the individual rehabilitation procedure under the Jeonju District Court Decision 2016Da100811, and the Plaintiff’s claim against the Defendant was not reported as a rehabilitation claim in the individual rehabilitation procedure, and thus forfeited as the repayment plan was decided. 2) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).
In the case of bankruptcy immunity, Article 566 Subparag. 7 provides that “a debtor shall not be exempted from liability for claims not entered in the list of creditors in bad faith” (Article 566 Subparag. 7), while in the case of individual rehabilitation immunity, the debtor shall not be exempted from liability for claims not entered in the list of creditors (Article 625(2)1 proviso), and in the case of individual rehabilitation immunity, the debtor who files an application for commencement of individual rehabilitation procedures is obligated to verify his/her obligations and prepare and submit the list of individual rehabilitation creditors (Article 589(2)1 of the Act; Article 589(2)1 of the Act does not disadvantage individual rehabilitation creditors in terms of the obligation to report individual rehabilitation claims
(b)if any;