logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.24 2016가단5251935
구상금
Text

1. The Defendant’s KRW 51,110,010 and KRW 50,121,318 among the Plaintiff and the Plaintiff’s KRW 12% per annum from August 31, 2016 to September 28, 2016.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or can be acknowledged by taking into account the overall purport of the pleadings in Gap evidence No. 1 through No. 4.

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 51,110,010 won in total due to subrogation and the principal amount of KRW 50,121,318 in total, as well as damages for delay calculated at the rate of 12% per annum under the agreement from August 31, 2016 to September 28, 2016, which is the service date of the original copy of the payment order in this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

B. On the ground of economic difficulties, the Defendant asserted to the effect that the Plaintiff’s claim should be dismissed, since the Defendant applied for individual rehabilitation to the Seoul Central District Court 2016da9717 as of the present Seoul Central District Court and the procedure is in progress. However, the Defendant’s claim is without merit, solely on the ground that the Defendant applied for individual rehabilitation as above, does not immediately cause any restriction on the exercise

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.

arrow