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(영문) 수원지방법원 2021.03.25 2020가단579022
양수금
Text

The defendant shall pay to the plaintiff the amount of KRW 435,109,863 and KRW 103,377,697 from October 21, 2020 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. There is no dispute between the parties or according to Gap evidence Nos. 1 through 3, the facts as stated in the grounds for the claim in the separate sheet (Provided, That the "creditor" shall be deemed the "Plaintiff", and the "debtor" shall be deemed the "Defendant") are acknowledged.

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff delayed damages calculated at the rate of 12% per annum as requested by the plaintiff within the scope of the agreed interest rate from October 21, 2020 to the day of full payment with respect to the amount of KRW 435,109,863 of the acquisition principle and the principal amount of KRW 103,37,697 of these amounts.

2. As to the Defendant’s assertion, the Defendant alleged bankruptcy and exemption. However, according to the purport of the entire pleadings, the fact that B, the representative liquidation of the Defendant, obtained bankruptcy (a abolition) and exemption decision (around 2013 at the bottom of the Suwon District Court 2013, 4516, 2013, 4516) can only be recognized, and the Plaintiff’s claim was filed against the Defendant, but the Defendant’s representative was subjected to bankruptcy and exemption decision.

Even if the defendant is not a company, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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