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1. The defendant shall pay to the plaintiff KRW 49,030,205 and KRW 23,384,102 among them, per annum from October 2, 2015 to the day 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 taking into account the whole purport of the pleadings in the entries in Gap evidence Nos. 1 through 4.
2. Determination
A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the overdue interest rate of 28.9% per annum from October 2, 2015 to the date of full payment with respect to KRW 49,030,205 and KRW 23,384,102, the principal amount of which is the principal amount.
B. As to this, the Defendant asserts to the effect that the Plaintiff’s claim should be dismissed, since the procedure is in progress by filing a petition for bankruptcy and application for immunity with the Suwon District Court Nos. 2015Hau2879, 2015, and 2879.
However, the reason why the defendant applied for bankruptcy and application for immunity does not result in any limitation on the plaintiff's exercise of rights in the lawsuit. Thus, the defendant's argument is without merit.
3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.