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(영문) 서울중앙지방법원 2020.06.18 2019가합567893
대여금
Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 1,182,332,90 and KRW 1,100,000,000 from June 18, 201 to June 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff, as Seoul Central District Court 2008Gahap11614, filed a lawsuit against E Co., Ltd. (hereinafter collectively referred to as “Defendant B”), Defendant C and D seeking the payment of loans [a loan of KRW 1,265,000,000 on April 20, 2007 against Defendant B, and damages for delay thereof (Defendant C and D are joint and several sureties)] against Defendant C and D.

On November 27, 2008, the settlement was concluded with the following purport: “The defendants shall jointly and severally pay to the plaintiff 1,100,000,000 won and interest thereon at the rate of 20% per annum from July 21, 2007 to the date of full payment.”

(C) On October 13, 2008, 200, 100,000, 10,000, 10,000, 10,000 of the dividends paid from Sungnam District Court D on November 11, 209, 10, 207, 35, 710, 860, 860, 209, 208, 203 of the total amount of dividends paid at H on November 26, 201, 207, 203 of the Seoul East District Court D on November 26, 201, 207, 203 of the total amount of dividends paid at H on December 26, 207, 207, 200, 206, 203 of the Seoul East District Court Act, 196, 204, 196, 204, 2009, 2009, 1636,64,636,6,6,29

B. After the preparation of the above protocol of settlement, the details of repayment following the voluntary auction on the F 123 square meters of land owned by the Defendant B, Hanam-si, Hanam-si are as follows:

C. If the amount to be repaid is appropriated to the principal and interest in accordance with the general principle of appropriation of performance prescribed by the Civil Act, the principal to be repaid is KRW 1,100,000 as of June 17, 201 as shown in the attached Table, and the interest to be repaid is KRW 182,332,90.

The Plaintiff filed the instant lawsuit for the extension of extinctive prescription based on the instant protocol of conciliation.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 to 5 (including evidence attached with each number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendants are jointly and severally discharged to the plaintiff.

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