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(영문) 서울중앙지방법원 2017.01.17 2016가단5274945
양수금
Text

1. The defendant shall pay to the plaintiff KRW 151,392,596 as well as KRW 42,028,181 among them, from June 1, 2016 to the day of full payment.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or acknowledged by considering the whole purport of the pleadings in Gap evidence Nos. 1 through 5 (including a serial number).

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff who acquired the first creditor financial institutions the total amount of principal and interest of KRW 151,392,596 and damages for delay calculated at the rate of 17% per annum under the agreement as to the principal and interest of KRW 42,028,181 from June 1, 2016 to the date of full payment.

B. On the grounds of economic difficulties, etc., the Defendant asserts to the effect that the Plaintiff’s claim should be dismissed as it is in progress by filing an application for bankruptcy and exemption with the District Court Decision 2016Hadan1843, 2016Kadan1843, 1843 at present. However, the Defendant’s argument is without merit, solely on the ground that the Defendant filed an application for bankruptcy and application for immunity, and thus, it does not immediately result

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

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