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(영문) 서울중앙지방법원 2017.01.11 2016가단5269042
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 120,652,402 and the amount of KRW 94,386,847 from September 29, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of the claim (Provided, That the creditor is the plaintiff, the debtor is the defendant) is not in dispute between the parties, or can be recognized in full view of the purport of Gap's entries and the whole arguments. Thus, the defendant is obliged to pay to the plaintiff damages for delay calculated by the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 29, 2016 to the day of complete payment, as to the plaintiff's total amount of principal and interest of KRW 120,652,402 and principal amount of KRW 94,386,847.

2. As to the defendant's argument, the defendant alleged that it is impossible for the defendant to respond to the plaintiff's claim as scheduled to file an application for bankruptcy or immunity. However, the defendant's above argument is without merit since the grounds that the defendant filed a bankruptcy or application for immunity alone does not cause any restriction to the plaintiff'

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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