1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 (including additional numbers), the reason for the claim in the attached Form (However, the creditor, the debtor, the defendant) is recognized. Thus, the defendant claims only KRW 5,608,490 for the total amount of KRW 5,500,000 for subrogation claimed by the plaintiff, and KRW 108,490 for the final delay damages incurred until September 27, 2016, as the plaintiff seeks, 5,716,980 for the total amount of KRW 5,608,490 for the plaintiff, barring any special circumstance.

In addition, from September 28, 2016, which was the date of subrogation for KRW 5,500,000, to the date of service of the original copy of the instant payment order, 12% per annum, which is the agreed interest rate and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The defendant asserts that since individual rehabilitation procedures are currently in progress, the plaintiff cannot respond to the plaintiff's claim.

On February 2, 2018, the fact that the defendant applied for the commencement of individual rehabilitation procedures on February 2, 2018 by Busan District Court 2018da1124 is significant in this court.

However, solely on the ground that the Defendant filed an application for individual rehabilitation, the Plaintiff’s procedural acts are not prohibited or the litigation proceedings are suspended (Article 593(1)4 proviso and (5) of the Debtor Rehabilitation and Bankruptcy Act), and there is no evidence to acknowledge that the decision to commence individual rehabilitation was rendered by the closing date of argument in the instant case, and even if the decision to commence individual rehabilitation was rendered, the

Even if litigation is not interrupted (Article 600 (1) 3 proviso of the Debtor Rehabilitation and Bankruptcy Act). The defendant's argument cannot be accepted.

3. If so, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the first instance court is justified in its conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.