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(영문) 서울중앙지방법원 2017.04.05 2017가단5008312
양수금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 85,547,970 and KRW 46,884,376, whichever is applicable, from November 1, 2016 to the day of full payment.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, ‘creditor' is considered as ‘Plaintiff' and ‘debtor' as ‘Defendant') / [based on recognition] each entry of evidence Nos. 1 through 8 and the purport of the whole pleadings.

B. As to the judgment on the Defendant’s assertion, the Defendant asserted to the effect that the Plaintiff cannot respond to the Plaintiff’s claim since he applied for individual rehabilitation with the Jung-gu District Court 2015da26813.

However, there is no evidence to prove that a decision to commence individual rehabilitation was made in the above procedure, and the defendant's assertion is not prohibited solely on the ground that the defendant filed an application for commencement of individual rehabilitation procedure, and thus

(2) However, even if this judgment becomes final and conclusive, the Defendant is obliged to pay the Plaintiff the instant debt according to the authorized repayment plan if the repayment plan is approved later. 2. Accordingly, the Defendant is obliged to pay the Plaintiff the money stated in Paragraph (1) of this Article.

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