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(영문) 서울중앙지방법원 2016.06.01 2016가단5077830

양수금

Text

1. The defendant shall pay to the plaintiff KRW 44,253,02 and KRW 26,507,260 among them, from November 13, 2015 to the day of full payment.

Reasons

1. The judgment on the cause of the claim (Provided, That the creditor is the plaintiff and the debtor is the defendant) is not disputed between the parties, or can be recognized in full view of the whole entries and arguments in Gap evidence Nos. 1 through 5 (including additional numbers). Thus, the defendant is liable to pay to the plaintiff damages for delay calculated at the rate of 17% per annum from November 13, 2015 to the day of full payment of the principal amount of KRW 44,253,02 and the total amount of principal of KRW 26,507,260.

2. As to the defendant's argument, the defendant cannot respond to the plaintiff's claim because he prepared bankruptcy and immunity applications with the Seoul Central District Court. However, the reason that the defendant filed bankruptcy and application for immunity does not cause any restriction on the exercise of the plaintiff's right in the lawsuit. Thus, the defendant's above argument is without merit.

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