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(영문) 서울중앙지방법원 2016.07.12 2016가단5084708

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 141,48,59 and the amount of KRW 41,81,248 among them, from February 22, 2016 to the date of full payment.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or can be acknowledged by comprehensively considering the purport of the entire pleadings in the entries in Gap evidence Nos. 1 through 5.

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 141,48,59 won and 41,811,248 won, the principal of which is the 41,811,248 won, and damages for delay calculated by the rate of 17% per annum that the plaintiff seeks from February 22, 2016 to the date of full payment.

B. On the ground of economic difficulties, the Defendant asserts to the effect that the Plaintiff’s claim should be dismissed since it is in the state of applying for individual bankruptcy and immunity as stipulated in Cheongju District Court Decision 2015Hadan540, 2015Ma540, 2015. However, the Defendant’s argument is without merit, solely on the ground that the Defendant filed a bankruptcy and application for immunity.

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.