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(영문) 서울중앙지방법원 2016.10.26 2016가단5203486
양수금
Text

1. The defendant shall pay to the plaintiff KRW 36,402,586 as well as KRW 10,720,072 from May 10, 2016 to the day of full payment.

Reasons

1. The judgment on the cause of the claim (However, the creditor is the plaintiff, the debtor is the defendant) is not in dispute between the parties, or can be recognized in full view of the entries in the evidence Nos. 1 through 7 and the purport of the whole pleadings. As a joint and several surety of the defendant, the defendant is liable to pay to the plaintiff damages for delay calculated at the rate of 17% per annum from May 10, 2016 to the day of full payment of the principal amount of KRW 36,402,586 in total, and the principal amount of KRW 10,720,072 in total as joint and several surety of the defendant.

2. As to the Defendant’s assertion, the Defendant asserted that the Daejeon District Court No. 2016Hadan1363, 2016Ma1360 cannot respond to the Plaintiff’s claim by filing an application for bankruptcy or immunity. However, the Defendant’s assertion that the Defendant filed a petition for bankruptcy or immunity does not necessarily result in any restriction on the Plaintiff’s exercise of rights in the lawsuit, and the above assertion is without merit

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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