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(영문) 대구지방법원 2018.09.13 2018가단118258

양수금

Text

1. Defendant A Co., Ltd.: (a) from February 22, 2018, with respect to KRW 222,49,815 and KRW 45,360,000 among the Plaintiff.

Reasons

1. In full view of the respective descriptions and the overall purport of the arguments and evidence Nos. 1 through 5 (Additional No. 5) of the Plaintiff’s assertion, the facts as indicated in the grounds for the Plaintiff’s claim (However, among the entries in the above grounds for claim, “creditor A,” “debtor A,” “Defendant A,” “debtor B,” “debtor B,” and “debtors” refers to “Defendant B,” respectively.

2. Therefore, Defendant A Co., Ltd. shall pay to the Plaintiff damages for delay calculated at the rate of 19% per annum from February 22, 2018 to the date of full payment with respect to the amount of KRW 222,49,815 and the amount of KRW 45,360,00 (which is the principal amount of loans under the Agreement 1) calculated at the rate of 17% per annum from February 22, 2018 to the date of full payment with respect to the amount of KRW 33,458,580 (which is the principal amount of loans under the Agreement 3), and the damages for delay calculated at the rate of 17% per annum from February 22, 2018 to the date of full payment with respect to the amount ordered to be paid to Defendant B under the agreement.

In addition, Defendant B is jointly and severally liable with Defendant A Co., Ltd. to pay the Plaintiff KRW 119,04,519 [the balance of principal and interest under the Agreement 73,710,00 won (the balance of principal and interest under the Agreement 73,710,00 won, which is the maximum amount of principal and interest guaranteed under the Agreement 2, the maximum amount of principal and interest of which is 75,294,519 won (the balance is all attempted, and no damages for delay shall accrue)]. The Defendant B is obligated to pay damages for delay calculated at the rate of 17% per annum from February 22, 2018 to the maximum amount of 117,60,000 won (which is the maximum amount of guarantee under the Agreement 3) within the scope of KRW 72,062,865 won (which is the balance of principal and interest of loans under the Agreement 3) and KRW 33,458,580 (the total amount of principal and interest under the Agreement 3).

Plaintiff

All claims are justified, and all claims are accepted.