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(영문) 서울중앙지방법원 2016.11.16 2016가단5139509
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 142,384,95 and KRW 33,351,671 among them, from April 1, 2016 to the date of full payment.

Reasons

1. According to each of the statements in Gap evidence Nos. 1 to 8 of the judgment as to the cause of the claim, the facts as shown in the annexed sheet are recognized.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 17% per annum from April 1, 2016 to the date of full payment, with respect to KRW 142,384,95 of the balance of principal and interest and KRW 33,351,671 of the principal, which is the day following the calculation of the final damages for delay.

2. The Defendant asserts that the Plaintiff’s claim is unreasonable since the bankruptcy and exemption procedure (Ji Government District Court No. 2014Hadan3300, 2014Da3303) is in progress against the Defendant.

However, according to the evidence in the record, the bankruptcy procedure against the defendant can be acknowledged as having been abolished on August 31, 2016 and the creditor's procedural acts are not prohibited or suspended because the creditor's application for immunity is filed (Article 57 of the Debtor Rehabilitation and Bankruptcy Act). Thus, the defendant's assertion is without merit.

3. Full acceptance of the Plaintiff’s claim

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