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(영문) 서울중앙지방법원 2017.02.08 2016가단5294581

양수금

Text

1. The defendant shall pay to the plaintiff KRW 73,107,942 as well as KRW 21,262,250 among them, from September 9, 2016 to the day of full payment.

Reasons

1. The judgment on the cause of the claim (Provided, That the creditor shall be the plaintiff, the debtor shall be the defendant) is not in dispute between the parties, or can be recognized in full view of the entries and the purport of the whole pleadings as to Gap's evidence Nos. 1 through 3. Thus, the defendant is liable to pay to the plaintiff damages for delay calculated at the rate of 17% per annum from September 9, 2016 to the date of full payment of the principal amount of KRW 73,107,942, and the principal amount of KRW 21,262,250.

2. As to the defendant's argument, the defendant cannot respond to the plaintiff's claim by requesting bankruptcy or exemption. However, the defendant's ground that the defendant applied for bankruptcy or exemption from immunity does not necessarily lead to any limitation on the plaintiff's exercise of right in the lawsuit. Thus, the above argument by the defendant

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