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(영문) 서울중앙지방법원 2017.01.10 2016가단129569

양수금

Text

1. The defendant shall pay 122,351,422 won to the plaintiff and 43,000,000 won among them to the day of complete payment. < Amended by Presidential Decree No. 17174, Mar. 13, 2001>

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 overall purport of the pleadings in Gap evidence Nos. 1 and 2 (including a serial number).

2. Determination

A. According to the above facts, the defendant is obligated to pay 122,351,422 won in total and 43,000,000 won in principal and interest of the plaintiff who acquired the first creditor financial institution's claim against the plaintiff. The defendant is obligated to pay damages for delay calculated at the rate of 22% per annum in accordance with the agreement from March 13, 2001 to the date of full payment.

B. On the grounds 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 Suwon District Court Decision 2016Hadan3927, 2016Ma3927 at present. However, the Defendant’s argument is without merit, solely on the ground that the Defendant filed an application for bankruptcy and exemption from immunity, and thus, it does not immediately cause any restriction on the Plaintiff

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