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(영문) 수원지방법원 2016.11.24 2016가단30544
구상금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 103,36,759 and KRW 89,314,770 among them, from June 16, 2016 to the day of full payment.

Reasons

In full view of the overall purport of the arguments in Gap evidence 1 through 4 (including each number), the facts stated in the reasons for the claim in the attached Form can be recognized.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of KRW 103,36,759, and the principal amount of KRW 89,314,770 among the damages for delay calculated by the rate of 15% per annum from June 16, 2016, which is the day following the date of calculating damages for delay to the day of full payment.

On April 8, 2016, the defendant asserts that the plaintiff could not respond to the claim of this case because he applied for individual rehabilitation and the prohibition order was issued accordingly.

However, Article 593(1)4 of the Debtor Rehabilitation and Bankruptcy Act provides that, if deemed necessary in cases where an application for commencement of individual rehabilitation procedures is filed, the court may order the suspension or prohibition of all acts of receiving repayment or demanding repayment of individual rehabilitation claims by the time of decision on the application for commencement of individual rehabilitation procedures, at the request of an interested party or ex officio, and does not constitute a ground for rejecting the Plaintiff’s claim of this case on the sole basis of the fact that the suspension order was issued based on the above Act (the Defendant did not submit as evidence because he did not appear on the date of pleading although the suspension order was attached to the reply

(The suspension order submitted by the defendant is excluded from the subject of prohibition, as in the above provision). The defendant's argument is without merit.

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

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