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(영문) 서울중앙지방법원 2019.04.11 2018가단5118346

양수금 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and the period from March 17, 2018 to October 13, 2018.

Reasons

The facts in the separate sheet Nos. 1 through 18 (including paper numbers) are recognized in full view of the overall purport of the pleadings.

Defendant B and C agreed on real estate provided as security for the above loan between Defendant B and E, a corporation with which the initial loan was granted, for which Defendant B applied for auction immediately after loss of the Defendants’ benefit due to the Defendants’ benefit. The above bank intentionally delayed the application for auction, and argued that the interest or delay damages to be borne by the Defendants were unfairly increased. However, there is no evidence to acknowledge this.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of partial claim 200,000,000 won among the loans that the Plaintiff seeks, as well as damages for delay calculated at the rate of 14.44% per annum under the agreement from March 17, 2018 to October 13, 2018, which is the date of the final service of the original copy of the instant payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

Thus, the plaintiff's claim against the defendants is accepted on the grounds of all.