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1. The defendant shall pay to the plaintiff the amount of KRW 65,204,710 and the amount of KRW 29,309,591 from August 11, 2014.
Reasons
1. In full view of the overall purport of the arguments in the evidence Nos. 1 and 4 (including additional numbers) as to the Plaintiff’s assertion of the cause of claim, the following facts can be acknowledged: Provided, That the “creditor” and “debtor” may be acknowledged as indicated in the ground of claim Nos. 1 and 4 (including additional numbers).
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum totaling KRW 65,204,710 and KRW 29,309,591 from August 11, 2014 to the date of full payment of the principal and interest calculated on the basis of the Plaintiff’s total sum of the principal and interest that the Plaintiff received from the Plaintiff as transfer money and KRW 29,309,591.
I would like to say.
2. As to the judgment on the Defendant’s assertion, the Defendant asserted that the Defendant declared bankrupt as Seoul Central District Court Decision 2014Hadan10564, and the Seoul Central District Court Decision 2014Ma10564, respectively, filed an application for immunity, and the Plaintiff’s assertion as to the cause of the claim is groundless. However, the Defendant filed each
Even if a bankruptcy claim is confirmed as a bankruptcy claim and the decision to grant immunity is not confirmed, there is no limitation on the exercise of a creditor's right in a lawsuit or the debtor's immunity. Thus, the mere fact that a bankruptcy declaration or exemption procedure is in progress cannot be asserted against the plaintiff.
On the other hand, there is no evidence to acknowledge that the decision to grant immunity to the defendant was made by the date of the closing of argument in this case. Accordingly, the defendant's argument to the same purport is without any need to further examine the remaining points.
3. In conclusion, the plaintiff's claim against the defendant of this case against the defendant is justified, and it is so decided as per Disposition.