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(영문) 대구지방법원 2015.11.17 2015가단120908
구상금
Text

1. The Defendant’s annual interest in KRW 68,379,650 and KRW 63,090,781 among the Plaintiff, from October 29, 2010 to November 30, 2012.

Reasons

1. According to Gap evidence Nos. 1 through 3 as to the plaintiff's claim, the following facts (Provided, That the creditor is the plaintiff, the debtor is the defendant, and the defendant is the defendant) and the fact that the plaintiff collects some amount of money, such as the period calculated for calculating the fixed damages attached to the plaintiff's claim. Thus, the defendant is obligated to pay to the plaintiff 68,379,650 won in total of the remainder and fixed damages by subrogation and the remainder of 63,090,781 won in subrogation, which is the date of subrogation, 15% per annum for delayed damage from October 29, 201 to November 30, 2012, which is the date of subrogation, and 15% per annum for delayed damage from December 1, 2012 to September 5, 2015, which is the date of delivery of a copy of the complaint, to September 30, 2015.

2. The defendant's assertion argues that the defendant has already closed down his/her business, and the representative director has applied for individual rehabilitation and received a decision to grant authorization, thus, he/she cannot respond to

However, the debt incurred prior to the closure of the business is not extinguished or exempted due to the closure of the business, and the claim in this case is against the defendant who is a corporation, or is not against the representative director, so the circumstance where the rehabilitation procedure commenced against the representative director is not affected.

Therefore, the defendant's argument is without merit.

3. If so, the plaintiff's claim is reasonable and accepted.

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