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(영문) 서울중앙지방법원 2017.09.13 2017가단5085050
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 64,277,957 and the amount of KRW 37,624,482 from February 8, 2017 to the date of full payment.

Reasons

1. In full view of the purport of the entire pleadings in the evidence No. 1 to 5 of the judgment as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1 of this Decree.

2. The defendant's assertion is pending in the bankruptcy and exemption procedure, and the plaintiff's claim is alleged to be unjust.

According to each of the above evidence, the facts that the bankruptcy case is pending against the defendant as Incheon District Court 2017Hadan100180 can be acknowledged. However, there is no evidence to acknowledge that the bankruptcy was declared before the closing of argument in this case, and the litigation is not prohibited or suspended solely on the ground that the defendant filed a petition for bankruptcy. Thus, the defendant's

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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