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1. As to KRW 20,749,897 and KRW 20,583,87 among them, the Defendant shall pay to the Plaintiff the year from August 20, 2015 to October 8, 2015.
Reasons
According to the facts without dispute, Gap evidence No. 1-1 to Gap evidence No. 3, and the purport of the whole pleadings, the facts of the reasons for the claim (the creditor is the plaintiff, the debtor is the defendant, and the payment order against Eul is finalized) are acknowledged.
Therefore, the Defendant is obligated to pay to the Plaintiff 20,749,897 won as indemnity under the guarantee agreement and the principal amount of 20,583,877 won by subrogation from August 20, 2015 to October 8, 2015, which is the delivery date of payment order, 12% per annum and 15% per annum from the next day to the date of full payment.
The defendant asserts to the effect that the claim of this case cannot be complied with since the defendant is scheduled to repay in installments by filing an application for individual rehabilitation.
However, even if a judgment is rendered on the instant lawsuit filed prior to the commencement decision of individual rehabilitation, the Defendant cannot be deemed to have any disadvantage in preparing a rehabilitation plan and obtaining authorization in the individual rehabilitation procedure. Therefore, the Defendant’s assertion is rejected.
The plaintiff's claim is justified and accepted as a whole.