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(영문) 서울중앙지방법원 2020.08.19 2019나72542

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendants shall jointly and severally serve as the Plaintiff KRW 7,932,530 and the Defendants shall jointly and severally serve as the Plaintiff on October 19, 2019.

Reasons

1. Facts of recognition;

A. On August 20, 2010, Defendant B Co., Ltd. (hereinafter “D”) loaned KRW 24,000,000 at the interest rate of 5.9% per annum, overdue interest rate of 16%, maturity of 14 May 14, 2015 (hereinafter “instant loan claim”) to Defendant B Co., Ltd. (hereinafter “Defendant Company”), and Defendant C, the representative director of Defendant Company, guaranteed the instant loan claim on the same day.

B. However, the defendant company did not pay to D the remaining principal amount of the loan claim of this case and damages for delay after the due date.

C. On December 20, 2017, D transferred the claim for the instant loan to the Plaintiff. On February 23, 2018, the Plaintiff delegated D notified the Defendants of the assignment of the said claim and served the Defendants around that time.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 12% per annum from October 19, 2019 to the date following the last delivery date of the copy of the application for amendment of the purport of the instant claim, as the Plaintiff seeks against the Plaintiff, the transferee of the instant loan claim, as well as KRW 7,932,530, and as the Plaintiff seeks, the amount of damages for delay calculated at the rate of 12% per annum from October 19, 2019 to the date of full payment.

3. In conclusion, the Plaintiff’s claim against the Defendants should be accepted on the grounds of the reasoning.

The judgment of the court of first instance is unfair in conclusion with different conclusions, and it is so decided as per Disposition by ordering the payment of the above money.