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1. The Defendant shall pay to the Plaintiff KRW 74,872,660 and the interest rate of KRW 15% per annum from January 14, 2017 to the day of complete payment.
Reasons
1. Basic facts
A. On January 23, 2014, D including corporate rehabilitation procedures for D Co., Ltd. (hereinafter “D”) filed an application for commencement of corporate rehabilitation procedures on February 20, 2014, but the rehabilitation procedure was abolished following the Seoul Central District Court’s decision not to authorize the rehabilitation plan on January 28, 2015.
(hereinafter “instant rehabilitation procedure”). D had a claim for a loan of KRW 1,132,820,017 (hereinafter “instant loan”) that had arrived at the maturity of the instant rehabilitation procedure against the Defendant. On January 27, 2015, E, which had been in charge of D during the instant rehabilitation procedure, obtained a provisional attachment order (hereinafter “instant land”) with respect to the instant loan of KRW 1,132,820,01 as the preserved bond, on January 27, 2015, on the ground that the instant loan was owned by the Defendant as the preserved bond.
On the other hand, the defendant did not report any claim in the rehabilitation procedure of this case.
B. The Plaintiff reported the rehabilitation claim against D in the rehabilitation procedure of this case, and the above claim was recorded in the list of rehabilitation creditors.
On November 30, 2016, the Plaintiff was issued a seizure and collection order of KRW 74,872,660 among the instant loan claims (hereinafter “instant collection order”) based on the authentic copy of the instant rehabilitation procedure, which had executory power over D, and was served on the Defendant, the garnishee, on December 1, 2016.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, and 4, the purport of the whole pleading
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from January 14, 2017 to the day following the delivery of the copy of the instant complaint, which is the following day of the delivery of the copy of the instant complaint, according to the collection order of this case, to the Plaintiff according to the collection order of this case.
3. Judgment on the defendant's defense, etc.
A. The defendant No. 1.