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(영문) 서울중앙지방법원 2016.08.10 2016가단5142673

양수금

Text

1. The defendant shall pay to the plaintiff KRW 47,94,637 and KRW 25,032,530 among them, from April 8, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of the claim (Provided, That the creditor is the plaintiff, the debtor is the defendant) is liable to pay to the plaintiff 47,94,637 won in total amount of principal and interest, and damages for delay calculated at the rate of 17% per annum from April 8, 2016 to the day of full payment, since there is no dispute between the parties, or in full view of the purport of Gap evidence Nos. 1 to 6, and the whole arguments.

2. As to the judgment on the defendant's defense, the defendant asserted that the defendant cannot respond to the plaintiff's claim by filing an application for individual rehabilitation with the Busan District Court 2016da7938, including the plaintiff's above claim, but the application for individual rehabilitation alone does not affect the plaintiff's claim. Thus, the defendant's above assertion is without merit.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.