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(영문) 서울중앙지방법원 2017.08.16 2017가단5059334
양수금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 110,420,138 and KRW 36,772,828 from November 7, 2016 to the day of full payment.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the creditor's "the plaintiff and the debtor" are deemed to be "the defendant," and the payment order against the debtor B was finalized).

B. As to this, the Defendant asserted to the effect that he cannot respond to the Plaintiff’s claim because he is in preparation for individual rehabilitation applications. However, as long as the instant lawsuit was filed prior to the commencement of individual rehabilitation procedure, the mere fact that the individual rehabilitation procedure is in progress does not necessarily restrict the Plaintiff’s exercise of right in the lawsuit

2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1.

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