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(영문) 서울중앙지방법원 2015.08.12 2015가단5113289
양수금
Text

1. The defendant shall pay to the plaintiff KRW 58,385,069 and KRW 27,83,690 among them, per annum from January 28, 2015 to the day of full payment.

Reasons

1. Since there is no dispute between the parties as to the facts stated in the attached Form of the judgment on the cause of the claim, the defendant is obligated to pay the acquisition money stated in the disposition to the plaintiff

2. The defendant's defense was filed after the filing of the lawsuit in this case, and the plaintiff asserted that the transfer amount of the case should be repaid through the individual rehabilitation procedure, but only the fact that the plaintiff applied for the individual rehabilitation procedure alone does not suspend or prohibit the act of demanding the repayment of individual rehabilitation claims like this case. Thus, the defendant's defense is without merit, and even if this judgment becomes final and conclusive, if the repayment plan is authorized after the commencement of the individual rehabilitation procedure, the defendant will pay the plaintiff the transfer amount to the plaintiff according to the authorized repayment plan.

Therefore, the defendant's above assertion is without merit.

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

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