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(영문) 서울중앙지방법원 2017.12.12 2017가단5194848
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 121,406,541 and KRW 34,782,213 among them, from August 24, 2017 to the date of full payment.

Reasons

The evidence Nos. 1 and 2 as well as the overall purport of the pleadings are recognized as having the same cause of claim as that of the Plaintiff, and barring any special circumstance, the Defendant is liable to pay the Plaintiff the unpaid principal and interest and delay damages, as described in the Disposition No. 1.

The defendant asserts to the effect that "the plaintiff's claim is improper since the bankruptcy procedure (Seoul Rehabilitation Court 2017Hadan5448, 2017 Ma5448) is in progress against the defendant."

However, there is no evidence to prove that the adjudication of bankruptcy was made against the defendant before the closing of the argument in this case, and the plaintiff's procedural acts are not prohibited or suspended merely because the defendant filed a petition for bankruptcy. Therefore, the defendant's assertion is

If so, the plaintiff's claim is reasonable and acceptable.

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