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(영문) 서울중앙지방법원 2017.01.10 2016가단5262362
양수금
Text

1. The defendant shall pay to the plaintiff KRW 75,882,141 as well as KRW 22,275,181 among them, from September 9, 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 and 3.

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 KRW 75,882,141 as well as the principal amount of KRW 22,275,181 as well as damages for delay calculated at the rate of 17% per annum pursuant to the agreement from September 9, 2016 to the date of full payment.

B. On the ground of economic difficulties, etc., the Defendant asserts to the effect that the Plaintiff’s claim should be dismissed since the procedure is in progress by filing an application for bankruptcy and immunity with the Incheon District Court Decision 2016Hadan5062, 2016Ma5062 as of the present Incheon District Court. However, the Defendant’s argument is without merit solely because the Defendant filed an application for bankruptcy and immunity.

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

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