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(영문) 서울중앙지방법원 2016.07.19 2016가단5090611
양수금
Text

1. The defendant shall pay to the plaintiff KRW 57,993,923 as well as KRW 30,854,512 from January 28, 2016 to the day of full payment.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by comprehensively considering the purport of the entire pleadings in each of the entries in Gap evidence Nos. 1 through 9.

2. Determination

A. According to the above facts, 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 57,993,923 and the principal amount of KRW 30,854,512, whichever is applicable, to the Plaintiff, with delay damages calculated at the rate of 17% per annum under the agreement from January 28, 2016 to the day of full payment.

B. As to this, the defendant asserts to the effect that the plaintiff's claim should be dismissed because he is currently preparing for personal bankruptcy on the grounds of economic difficulties, etc. However, the defendant's claim is not sufficient to limit the plaintiff's exercise of right in the plaintiff's lawsuit solely on the ground that the defendant makes bankruptcy

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

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