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1. The Defendant’s KRW 34,913,070 as well as the Plaintiff’s annual rate of 5% from January 11, 2017 to November 27, 2017, and the following.
Reasons
1. Determination as to the cause of claim
A. Facts 1) On July 22, 201, 201, a notary public of July 2, 2011, stating that “the Plaintiff is a creditor, B, a debtor, and a joint and several surety, and the Plaintiff lent KRW 332,300,00 to B, and if the debtor and joint surety fail to perform a monetary obligation, they are aware that there is no objection even if compulsory execution.” (No. 858, 201; hereinafter “notarial deed of this case”).
2) On June 28, 2013, the Plaintiff received a seizure and collection order (Seoul District Court Branch Branch Decision 2013TTTT 2013TT 7394, hereinafter “instant seizure and collection order”) against the Defendant with the title of execution of the instant notarial deed as the title of execution, and the said order was served on the Defendant on July 3, 2013.
3) On July 22, 2013 through May 22, 2015, the Plaintiff collected KRW 38,261,131 from the Defendant. C applied for individual rehabilitation to the Incheon District Court on May 14, 2014 (2014 and hereinafter “instant rehabilitation procedure”).
(2) On June 5, 2015, the above court’s order to suspend the procedure of the instant seizure and collection order against the debtor until a decision is made with respect to the application for commencement of individual rehabilitation procedures (hereinafter “order to suspend the instant seizure and collection order”).
4) After the suspension order of this case, the Defendant suspended the payment of the collection amount under the seizure and collection order of this case.
On November 29, 2016, the instant rehabilitation procedure rendered a decision to abolish the said procedure prior to the authorization of the repayment plan. The said decision became final and conclusive on December 14, 2016.
5) Of C’s benefits from May 2015 to November 2016, the period from May 2015 to the date the instant rehabilitation procedure was discontinued, the amount that the Plaintiff could have collected according to the instant seizure and collection order was KRW 34,913,070, and the Defendant paid the said amount to C. [No dispute over grounds for recognition].