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(영문) 서울북부지방법원 2016.11.25 2016가단132335
양수금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 41,979,646 and KRW 34,581,498 from May 31, 2016 to the date of full payment.

Reasons

1. Indication of claims: To be listed in the grounds for the claims in attached Form;

(However, “creditor” shall be deemed to be the Plaintiff’s “Plaintiff,” “debtor,” and “Defendant,” respectively. 2. Judgment of deemed confession (Article 208(3)2 and the main text of Article 150(3) and the main text of Article 150(1) of the Civil Procedure Act)

3. According to the determination of both arguments and the facts acknowledged as above, the Defendant is obligated to pay the Plaintiff the principal and interest of KRW 41,979,646, and the principal of KRW 34,581,498, whichever is the interest rate of 18% per annum from May 31, 2016 to the date of full payment.

In regard to this, the defendant argues to the effect that "at present, the individual rehabilitation procedures against the defendant are in progress, and if the decision of authorization is made later, the defendant will faithfully perform the plaintiff's obligations." However, there is no evidence to acknowledge that the individual rehabilitation procedures against the defendant are still in progress, and the above argument that the defendant's internal payment is not acceptable

Therefore, we accept the Plaintiff’s claim for the transfer money of this case seeking the performance of the above-mentioned obligation.

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