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(영문) 서울중앙지방법원 2016.06.21 2016가단5053681
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 298,102,69 and the amount of KRW 184,93,625 from February 8, 2016 to the date 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 taking into account the whole purport of the pleadings in the entries in Gap evidence Nos. 1 through 7.

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the ratio of 15% per annum to KRW 298,102,69 and KRW 184,93,625, the principal of which is the principal, to KRW 184,93,625, from February 8, 2016 to the date of full payment.

B. As to this, the defendant asserts to the effect that the plaintiff's claim should be dismissed because he/she is currently applying for the bankruptcy and immunity on the ground of economic difficulties. However, the defendant's argument is without merit, since it does not cause any restriction on the plaintiff's exercise of right in the lawsuit solely on the ground that

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

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