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(영문) 서울중앙지방법원 2016.10.11 2016가단5030923
양수금
Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 182,474,496 and KRW 46,064,303 from November 19, 2015 to the date of full payment.

Reasons

The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or acknowledged by considering the whole purport of the pleadings as a whole in the entries in Gap evidence Nos. 1 through 4 (including the number of branch numbers).

According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff, who first acquired the claims of creditor financial institutions, the total sum of KRW 182,474,496 and the principal amount of KRW 46,064,30,03 as well as damages for delay calculated at the rate of 17% per annum pursuant to the agreement from November 19, 2015 to the date of full payment.

Therefore, the plaintiff's claim of this case is accepted on the ground of the reasons.

[Defendant's defense that the lawsuit in this case was filed in this court, which is not the competent court having jurisdiction over the location of the defendant's general forum, is unlawful due to lack of jurisdiction. However, the lawsuit in this case constitutes a lawsuit seeking monetary payment, and it is evident that it can be brought to this court, which is the legal ground of law, of the obligee's domicile (Article 467 (2) of the Civil Act and Article 8 of the Civil Procedure Act)

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