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(영문) 서울중앙지방법원 2018.01.31 2017가단97812
대여금
Text

1. The defendant shall pay to the plaintiff KRW 397,638,60 and the amount of KRW 67,317,486 from June 23, 2017 to the day of full payment.

Reasons

1. The allegations and judgment of the parties

A. The defendant's corresponding part of the grounds for the attachment of the claim is as stated in the attached Form.

(However, the "creditor" and "debtor" are deemed to be the "defendant", and the plaintiff voluntarily withdrawn the lawsuit against the debtor B. [The grounds for recognition] The entries in the evidence Nos. 1 and 4 and the purport of the whole pleadings.

B. As to the Defendant’s assertion 1), the Defendant Company asserted to the effect that the representative liquidator was unable to comply with the Plaintiff’s claim because it was declared bankrupt and exemption. However, even if the representative liquidator was declared bankrupt and exemption, the Defendant Company is not exempted from the Defendant Company’s liability. 2) The Defendant Company asserted that the extinctive prescription of the instant claim has expired, but the judgment was finalized on August 15, 2007, and the judgment on the previous suit became final and conclusive on August 15, 2007, and the instant payment order was filed on July 12, 2017, which was prior to the lapse of 10 years from the extinctive prescription

2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1.

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