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(영문) 대전지방법원 천안지원 2018.11.29 2018가단107417

권리금 등 반환

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 110,000,000 and the interest thereon from June 30, 2018 to the date of full payment.

Reasons

The fact that the Plaintiff, on October 12, 2015, lent interest amounting to the Defendants, KRW 40 million, KRW 60 million on January 5, 2016, KRW 20 million on April 20, 2017, KRW 110 million on April 25, 2017, KRW 110 million on April 25, 2017, as the highest interest rate under the Interest Limitation Act without setting the due date, shall be deemed to have been the confession between the Plaintiff and the Defendant Company pursuant to Article 150 of the Civil Procedure Act, and there is no dispute between the Plaintiff and the Defendant Company C.

According to the above facts, pursuant to Article 57(1) of the Commercial Act, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 110,000,000,000 from the date of each loan to the Plaintiff, as requested by the Plaintiff, interest or delay damages at the rate of 24% per annum for the Plaintiff within the maximum interest rate under the Interest Limitation Act from June 30, 2018 to the date of full payment, which is the day following the day when the duplicate of the complaint of this case was served

Therefore, the plaintiff's claim against the defendants is justified, and all of them are accepted, and it is so decided as per Disposition.