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(영문) 서울남부지방법원 2016.02.03 2015가단224722

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 113,175,401 and KRW 109,505,845 among them. < Amended by Act No. 1329, Aug. 26, 2015>

Reasons

1. As to Defendant A corporation

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. As to Defendant B

(a)as shown in the reasons for the claim in the annex of the basic facts;

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

B. On February 2014, Defendant B retired from Defendant A Co., Ltd. (hereinafter “Defendant Company”) and agreed between Defendant B and C, the representative director of the Defendant Company, to be responsible for all of the obligations owed by Defendant B in relation to the Defendant Company’s obligations during the term of office, and thus, Defendant B’s joint and several liability obligations against the Plaintiff were also transferred to C.

Therefore, the plaintiff's claim against the defendant B is unreasonable, but there is an agreement between the defendant B and C on the above argument.

Even if there is no proof that the plaintiff's consent was obtained, the plaintiff's claim of this case cannot be rejected unless it is proved.

Therefore, Defendant B, a joint and several surety, is obligated to pay the Plaintiff KRW 113,175,401, within the limit of KRW 144,00,00,00, jointly and severally with Defendant A, to the Plaintiff (= principal KRW 109,505,845, interest and delay damages of KRW 3,669,56), and the principal amount of KRW 109,505,845, whichever is earlier, 12% per annum agreed from May 26, 2015 to August 17, 2015, which is the last delivery date of the copy of the complaint of this case, from the following day to September 30, 2015, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the day of full payment.

3. If so, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition with the assent of all.