logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.11 2016가단5139592
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 46,372,136 and the amount of KRW 14,351,179 from January 1, 2006 to the date of full payment.

Reasons

1. According to the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the facts as stated in the annexed sheet No. 1 and 2 are recognized.

Therefore, the defendant is obligated to pay to the plaintiff 46,372,136 won and 14,351,179 won per annum from January 1, 2006 to the date of full payment, 25% per annum for KRW 8,068,553 won per annum from January 1, 2006 to the date of full payment, 29% per annum for KRW 29%, 610,974 from January 1, 2006 to the date of full payment.

2. The defendant's claim is in progress with bankruptcy and exemption procedure (Jibu District Court No. 2015Hadan1064, 2015, 1065) against the defendant. Thus, the plaintiff's claim is unjust.

However, according to the evidence in the record, the bankruptcy procedure against the defendant can be acknowledged as having been abolished on November 9, 2016 and the creditor's procedural acts are not prohibited or suspended because the creditor's application for immunity is filed (Article 557 of the Debtor Rehabilitation and Bankruptcy Act). Thus, the defendant's assertion is without merit.

3. Full acceptance of the Plaintiff’s claim

arrow