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(영문) 서울서부지방법원 2017.09.08 2017가단212975
구상금
Text

1. The Defendant paid KRW 47,766,237 to the Plaintiff KRW 12% per annum from March 31, 2017 to April 28, 2017.

Reasons

1. The grounds for the instant claim are as shown in the attached Form.

2. Determination

A. According to the overall purport of Gap evidence Nos. 1 and 6 of the judgment as to the cause of the claim, the cause of the claim in this case can be acknowledged. Thus, the defendant is obligated to pay the plaintiff the money as stated in the order.

B. The defendant's assertion asserts that the plaintiff was omitted from the list of creditors when applying for individual rehabilitation against himself/herself.

According to Article 625(2) of the Debtor Rehabilitation and Bankruptcy Act, even if a decision to grant immunity becomes final and conclusive through individual rehabilitation procedures, liability is not exempted for claims not entered in the list of individual rehabilitation creditors. However, insofar as the Defendant did not submit evidence to prove that the Plaintiff was additionally entered in the list of creditors in the individual rehabilitation procedures for himself/herself, the circumstance alleged by the Defendant does not interfere with accepting the Plaintiff’s claim of this case.

3. It is so decided as per Disposition by accepting the Plaintiff’s claim for conclusion.

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