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1. The Plaintiff:
A. Defendant A’s KRW 49,770,576 and for this, KRW 12% per annum from September 5, 2015 to March 21, 2017.
Reasons
1. As to the claim against the defendant A
A. Defendant A asserts to the effect that the Plaintiff’s claim is unlawful, inasmuch as the claim No. 4-1 among the list of individual rehabilitation creditors claims in this case is a claim asserted by the Plaintiff, following a decision to commence individual rehabilitation on October 15, 2014.
According to the purport of the evidence No. 1 and the whole pleadings, the defendant A filed an application for individual rehabilitation, and the decision to commence individual rehabilitation procedures was made on October 15, 2014 by the Incheon District Court 2014da69034, Oct. 15, 2014. The claim number No. 4 of the list of individual rehabilitation creditors prepared in the above individual rehabilitation procedure was the creditor Industrial Bank of Korea, and the claim number No. 4 of the above list No. 4-1 stated each claim of the above 4 claims as the creditor, and the decision to authorize the repayment plan was issued on April 21, 2015, and the plaintiff filed the lawsuit of this case on December 6, 2015.
However, according to the proviso of Article 625(2)1 and 4 of the Debtor Rehabilitation and Bankruptcy Act, a claim not entered in the list of individual rehabilitation creditors and a claim for damages caused by a tort committed by an obligor intentionally is not exempted from liability. In this case, the Plaintiff filed a claim for damages arising from a tort by the Defendant’s intentional act (hereinafter “instant claim”) and this differs from the claims indicated in the list of individual rehabilitation creditors.
Therefore, even if immunity is granted to the defendant who is the debtor, the defendant's main defense is not exempt from the responsibility of the claim of this case, and therefore the defendant's main defense is without merit.
B. There is no dispute between the parties to the judgment on the cause of the claim, and Defendant A jointly with the remaining Defendants, and jointly with the Plaintiff, KRW 49,770,576, total amount of the Plaintiff’s subrogation payment due to a tort as stated in the attached Form “Cause of Claim”, and this is accordingly.