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(영문) 서울중앙지방법원 2019.04.10 2018가단5187595
양수금
Text

1. The defendant shall pay to the plaintiff KRW 73,378,456 as well as KRW 69,00,000 among them, from March 16, 2007 to the day of full payment.

Reasons

1. Determination on the cause of the claim

(a)as shown in the reasons for the application for recognition;

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 73,378,456 (i.e., principal amount of KRW 69,00,000,000 with delay damages of KRW 4,378,456) and damages for delay calculated at the rate of 25% per annum from March 16, 2007 to the date of full payment of principal amount of KRW 69,00,000 with interest.

The defendant asserts that C, a representative liquidator of the defendant, was granted individual bankruptcy or immunity, but C is not able to exercise any influence on the defendant's obligations with separate legal personality. Thus, the above argument is without merit.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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