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(영문) 서울남부지방법원 2015.11.13 2015가단225749
양수금
Text

1. The Defendants are jointly and severally liable to the extent of Defendant B’s KRW 204,00,000, and Defendant C’s KRW 12,000,000.

Reasons

1. In full view of the facts of recognition and evidence Nos. 1 and 11 of judgment, in full view of the purport of the pleadings, the Gwangju Bank entered into a loan agreement with Defendant A Co., Ltd. on February 23, 2002 with respect to discount transactions. Of such credit transactions, with respect to KRW 37,84,281, including the unpaid principal and interest, and the principal amount of KRW 30,93,455 shall be paid at the rate of 19% per annum from April 12, 2005 to the date of full payment. The defendant B, who was the debtor, issued an order of payment on May 23, 2005, issued an order of payment on May 23, 2005, KRW 240,000 against the above amount, KRW 12,000,000,000 for each of the Defendants Co., Ltd. notified each of the above claims against the Defendants on May 28, 2018.

Meanwhile, the amount calculated by the ratio of 19% per annum, which is the interest rate or delay damages rate, from April 12, 2005 to July 28, 2015, to KRW 30,993,455, is KRW 60,678,391.

Therefore, the Defendants are jointly and severally liable, within their respective limits of KRW 204,00,000, and KRW 12,000,000 for Defendant C, and KRW 91,671,846 for the Plaintiff (i.e., principal KRW 30,678,391) (i.e., principal KRW 30,93,455), and the principal amount of KRW 30,993,455 for the damages for delay calculated at the rate of KRW 19% per annum from July 30, 2015 to the full payment date).

2. If so, the plaintiff's claim against the defendants is accepted in its reasoning, and it is so decided as per Disposition.

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