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(영문) 서울중앙지방법원 2016.01.12 2015가단5316064

양수금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 100,628,238 as well as KRW 11,203,857 as from September 24, 2014.

Reasons

1. Determination on the cause of the claim

A. The facts in the separate statement of the reasons for the recognition of the facts do not conflict between the parties, or can be acknowledged by adding the whole purport of the pleadings to the entries in Gap evidence No. 5, which are evidence No. 1.

B. According to the above facts of recognition, barring special circumstances, the Defendants are jointly and severally liable to pay the amount claimed to the Plaintiff.

2. Defendant A’s assertion asserts that, as Defendant A’s judgment did not have sufficient means to repay his/her debt, Defendant A filed a petition for bankruptcy with the Jung-gu District Court No. 2015Ha121, the Plaintiff’s claim cannot be complied with.

However, Defendant A filed a petition for bankruptcy.

The ground for non-performance does not constitute a justifiable ground for rejecting the Plaintiff’s claim. Thus, Defendant A’s assertion is without merit.

3. If so, the plaintiff's claim of this case against the defendants is justified, and it is so decided as per Disposition.