logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.02.25 2015가단5350460
대여금
Text

1. The defendant shall pay to the plaintiff KRW 26,658,247 and KRW 23,810,846 among them, from July 30, 2015 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. Since there is no dispute between the parties with regard to the facts stated in the attached Form, the defendant is obligated to pay the money stated in paragraph (1) of this Article to the plaintiff.

B. The Defendant asserts to the effect that the instant claim cannot be complied with because the Defendant filed an application for the individual rehabilitation procedure with the Incheon District Court 2015da64906 and filed an application for the individual rehabilitation procedure, but the lawsuit filed prior to the commencement decision is not affected by the individual rehabilitation procedure until the commencement decision is rendered. Even if the instant judgment is rendered, the Defendant cannot be deemed to have any disadvantage in preparing a rehabilitation plan and obtaining authorization in the individual rehabilitation procedure, and individual rehabilitation creditors may receive individual rehabilitation claims before the commencement decision is made, and the litigation procedure is not interrupted even when the individual rehabilitation decision is made (Article 600(1)3 of the Debtor Rehabilitation and Bankruptcy Act), and the foregoing argument is rejected.

2. The plaintiff's claim of this case is justified.

arrow