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(영문) 서울중앙지방법원 2017.02.14 2016가단5295614

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 104,159,610 and KRW 21,565,594 from September 30, 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 acknowledged by considering the whole purport of the pleadings in Gap evidence Nos. 1 through 4 (including a serial number).

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the total amount of principal and interest of KRW 104,159,610, and the interest of KRW 21,565,594 from September 30, 2016 to the date of full payment as to the principal and interest of KRW 21,565,594.

B. On the grounds of economic difficulties, etc., the Defendant asserts to the effect that the Plaintiff’s claim should be dismissed since the procedure is in progress by filing an application for bankruptcy and immunity with the Suwon District Court No. 2016Hadan10455, 2016, 1004555, and the procedure is in progress. However, on the sole ground that the Defendant filed an application for bankruptcy and application for immunity, the Defendant’s claim does not immediately cause any restriction on the exercise

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