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(영문) 서울중앙지방법원 2016.08.23 2016가단5116681
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 27,181,135 and the amount of KRW 7,988,48 among them to the day of full payment.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in Gap evidence Nos. 1 and 2 (including a serial number).

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff who acquired the first creditor financial institution’s claim the total amount of principal and interest of KRW 27,181,135 and the principal amount of KRW 7,98,488 among them, delay damages calculated at the rate of 17% per annum under the agreement from December 1, 2015 to the date of full payment.

B. On the ground of economic difficulties, the Defendant asserts to the effect that the Plaintiff’s claim should be dismissed since it is in the state of applying for bankruptcy and immunity as stipulated in the Presidential Decree No. 2015Hadan2241, 2015, 2243 at present, Jung-gu District Court Decision 2015Hadan243. However, the Defendant’s argument does not have any limitation on the exercise of the Plaintiff’

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

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