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(영문) 서울중앙지방법원 2016.12.06 2016가단5218686
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 83,611,689 and KRW 25,515,837 from April 1, 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 comprehensively considering the overall purport of the pleadings in Gap evidence Nos. 1 through 4 (including a serial number).

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff who acquired the first financial institution the total amount of principal and interest of KRW 83,611,689 and the principal amount of KRW 25,515,837 from April 1, 2016 to the date of full payment, delay damages calculated at the rate of 17% per annum under the agreement.

B. As to this, the defendant asserted to the purport that the plaintiff's claim should be dismissed because he/she filed a petition for bankruptcy or exemption with the court on account of economic difficulties, etc., and the procedure is in progress. However, since the bankruptcy and exemption procedure against the defendant is currently in progress, the exercise of the plaintiff's right in the lawsuit cannot

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

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