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(영문) 서울중앙지방법원 2019.07.26 2018나32349
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On March 2, 2012, in order to file an application for individual rehabilitation, the Plaintiff agreed to delegate all a series of administrative affairs, including the preparation and submission of the application, to the Defendant, who is a certified judicial scrivener, in a lump sum and pay 1.5 million won as remuneration.

B. Since then, on March 13, 2012, the Defendant issued a certificate of debt to each financial institution on behalf of the Plaintiff, and received an application for individual rehabilitation (hereinafter “individual rehabilitation”) from the Seoul Central District Court 2012 Congress 37841.

C. Upon receipt of the instant application for individual rehabilitation, the Defendant attached the draft repayment plan, and the creditor list of the said draft repayment plan included the Plaintiff’s debt (which was the general loan of November 10, 2012, the principal amount of KRW 7,66,676, and the amount calculated by the ratio of KRW 37% per annum from March 10, 2012 to the full payment date; hereinafter “instant loan”).

(On the other hand, as above, the total estimated amount of repayment according to the draft repayment plan submitted at the time of the application for individual rehabilitation in this case is KRW 31,984,140, and the repayment rate is equivalent to 73% of the principal of individual rehabilitation claims). 2. The right acquired on the other hand, the date and time of acquisition, and the right to acquire the cause of acquisition: the date of acquisition of the individual rehabilitation claim No. 300, Apr. 16, 2012 and the cause of acquisition by subrogation:

3. Amount of credit (based on April 16, 2012) principal 6,409,176 won, damages 3,133 won, total amount of 6,412,309 won;

D. On April 6, 2012, the Korean Federation of Credit Guarantee Foundations subrogated to C for KRW 6,412,309, which is 85% of the Plaintiff’s debt of the instant loan, and submitted a creditor’s name change report (hereinafter “instant report”) to the effect that the said individual rehabilitation procedure would change the creditor for the said reason. On April 20, 2012, the instant report contains the following details.

E. The defendant, after receiving the report of this case, raised objection against C.

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