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(영문) 서울중앙지방법원 2016.06.16 2015가단5030049

양수금

Text

1. Defendant A’s joint and several with C to the Plaintiff KRW 200,000,000 and its amount shall be from September 15, 2010 to March 5, 2015.

Reasons

1. Basic facts

A. On March 31, 2009, the Korea Exchange Bank borrowed KRW 340,00,000 from D Co., Ltd. (the representative director A, hereinafter referred to as “D”) to grant a loan of KRW 340,00,000 to the company-general capital loan on June 30, 2009 and KRW 19% of the due date for repayment, and C (the wife of Defendant A) and Defendant A became joint and several sureties.

B. On October 27, 2010, Korea Exchange Bank shall be the Plaintiff on October 27, 201.

A claim equivalent to D of KRW 671,198,577 (as of September 4, 2010, the date on which assets are fixed) was transferred to Korea Exchange Bank, including KRW 340,000,000,00, and on March 4, 201, notified D of the assignment of the claim by content-certified mail.

[Ground of recognition] Nos. 1 through 7, Gap evidence Nos. 12 and the purport of the whole pleadings

2. According to the Plaintiff’s facts of recognition of the Plaintiff’s claim against Defendant A, Defendant A, jointly and severally with the Plaintiff, has the obligation to pay 200,000,000 won of the Plaintiff’s partial claim amounting to 340,000,000 won of the Plaintiff’s loans on March 31, 2009, and 19% per annum from September 15, 2010 to March 5, 2015, the delivery date of the complaint of this case to Defendant A, the agreed interest rate of 19%, and the next day to September 30, 2015, the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) and damages for delay calculated by the aforementioned provision with the annual interest rate of 15%, respectively.

3. Plaintiff’s claim against Defendant B

A. The Plaintiff’s assertion: (a) D and Defendant B (hereinafter “Defendant B”) are identical for business purposes, including the manufacturing and selling of electronic equipment parts and the manufacturing and selling of lighting fixtures; (b) Defendant E, the head of Defendant A, is the representative director of Defendant B; (c) Defendant A, the wife of Defendant A, is the actual operator of Defendant B; and (d) Defendant A and C.