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(영문) 서울서부지방법원 2020.11.24 2020가단235817
물품대금
Text

The defendant's 166,358,576 won and 162,921,60 won among the plaintiff's 166,358,576 won and 10% per annum from March 19, 2020 to March 27, 2020.

Reasons

According to the statements in Gap evidence Nos. 1 through 6, the facts of the reasons for the claim can be recognized.

Therefore, the defendant is also obligated to pay to the plaintiff 162,921,60 won with interest rate of 10% per annum from the day following the day of delivery of the complaint from March 19, 2020 to the day of March 18, 2020 with interest rate of 16,358,576 won per annum of 162,92,921,60 won per annum from January 1, 2020 to March 18, 2020 with interest rate of 10% per annum of 162,62,921,60 won per annum from March 19, 202 to the day of delivery of the copy of the complaint from March 19, 202 to the day of repayment.

The defendant asserts to the effect that it cannot accept the plaintiff's claim for interest, but according to Gap's evidence No. 4, it is recognized that the defendant agreed to bear 10% interest per annum of the purchase price of the real estate of this case. Thus, the defendant's allegation in this part is rejected.

[Defendant’s assertion that the progress of the procedure of this case is suspended since the order to commence rehabilitation was issued after the closing of argument in this case, and where a decision to commence rehabilitation proceedings is made with respect to the parties after the closing of argument, litigation proceedings on the party’s property may be suspended, but only the sentence of judgment may be suspended during the litigation proceedings on the party’s property (see Articles 59(1) and 33 of the Debtor Rehabilitation and Bankruptcy Act, Article 247(1) of the Civil Procedure Act, and Supreme Court Decision 2008Da1866, Sept. 25, 2008).

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