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(영문) 서울서부지방법원 2016.09.27 2016가단217515
구상금
Text

1. The Defendant: (a) KRW 22,224,716 for the Plaintiff and the Plaintiff’s KRW 15% per annum from September 16, 2011 to April 28, 2015; and (b) April 2015.

Reasons

1. The reasons for the claim are as shown in the annexed sheet of claim;

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 22,224,716, and delay damages calculated by applying each rate of 15% per annum from September 16, 2011 to April 28, 2015, which is the date of subrogation, to the date of delivery of a duplicate of the complaint in this case, 12% per annum from April 29, 2015 to the date of delivery of a duplicate of the complaint in this case, and 15% per annum from the next day to the date of full payment.

B. On this issue, the Defendant asserts to the effect that the Defendant cannot respond to the Plaintiff’s request because he received an order of prohibition by filing an application for individual rehabilitation procedure commencement with the Seoul Central District Court 2016 District Court.

On the other hand, the defendant's application for commencement of individual rehabilitation procedure does not affect the proceedings of this case and the proceedings are excluded from the acts prohibited by the prohibition order prior to the commencement of individual rehabilitation procedure. Thus, the defendant's above assertion is without merit.

3. The plaintiff's claim for conclusion is justified and acceptable.

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