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(영문) 서울중앙지방법원 2016.10.26 2016가단5196465
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,875,601 as well as KRW 25,191,721 among them, from May 19, 2007 to November 30, 2012.

Reasons

1. According to each of the statements in Gap evidence Nos. 1 through 6 (including additional numbers) as to the cause of the claim, it is recognized as the same as that of the cause of the claim in the annexed sheet.

Therefore, the defendant is obligated to pay to the plaintiff 31,875,601 won and the balance of the subrogated principal 25,191,721 won per annum from May 19, 2007 to November 30, 2012, 15% per annum from December 1, 2012 to August 31, 2015, 12% per annum from September 1, 2015 to July 28, 2016; and damages for delay at the rate of 8% per annum from the following day to the date of full payment.

2. Judgment on the defendant's defense

A. The Defendant asserted that the Plaintiff’s claim was unlawful since the rehabilitation procedure against B, the primary debtor, was in progress.

B. However, the rehabilitation plan does not affect the rights of rehabilitation creditors against the guarantor of the debtor for whom rehabilitation procedures commence (Article 250(2)1 of the Debtor Rehabilitation and Bankruptcy Act), so the defendant's assertion is without merit.

3. Full acceptance of the Plaintiff’s claim

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