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(영문) 서울중앙지방법원 2016.09.28 2016가단5181258
구상금
Text

1. As to KRW 32,83,050 and KRW 30,156,176 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from January 1, 2016 to July 11, 2016.

Reasons

1. Determination as to the cause of the claim (Provided, That the obligee is the Plaintiff, the obligor is the Defendant) is liable to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 1, 2016 to July 11, 2016, the delivery date of the copy of the complaint of this case, and 15% per annum as to delay interest rate of 32,83,050 won in total, and the principal amount of 30,156,176 won in total, and from January 1, 2016 to July 11, 2016, the delivery date of the copy of the complaint of this case.

2. As to the Defendant’s assertion, the Defendant asserted to the effect that the Defendant cannot respond to the Plaintiff’s claim by filing an application for individual rehabilitation with the Busan District Court 2015da7221, including the Plaintiff’s claim. However, the Defendant’s application for individual rehabilitation cannot affect the Plaintiff’s claim on the grounds that the application for individual rehabilitation alone cannot affect the Plaintiff’s claim in the instant case, upon receiving a decision on dismissal of individual rehabilitation on December 8, 2015 from the same court.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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