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(영문) 서울중앙지방법원 2017.01.10 2016가단5218143

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 101,692,257 and KRW 29,735,91 among them, from August 1, 2016 to the day of full payment.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by comprehensively considering the purport of the entire pleadings in each of the entries in Gap evidence Nos. 1 through 9.

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff who acquired the first creditor financial institution’s claims the total amount of KRW 101,692,257, and the principal amount of KRW 29,735,911, as well as damages for delay calculated at the rate of 17% per annum pursuant to the agreement from August 1, 2016 to the date of full payment.

B. On the ground of economic difficulties, etc., the Defendant asserts to the effect that the Plaintiff’s claim should be dismissed as it is in progress by filing an application for bankruptcy and exemption with the Seoul Central District Court Decision 2016Hadan5893, 2016Ma5893 as of the present Seoul Central District Court (hereinafter “Seoul Central District Court”). However, the Defendant’s assertion is without merit, solely on the ground that the Defendant filed an application for bankruptcy and exemption,

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