logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.03.31 2020가단5327969
대여금
Text

1. The Defendant’s KRW 360,174,842 and its weight to the Plaintiff:

A. As regards KRW 10,00,000, it shall be repaid in full from August 25, 2020.

Reasons

Inasmuch as evidence Nos. 1 through 3 added to the purport of all pleadings is acknowledged, the defendant is obligated to pay to the plaintiff 13.56% per annum from August 25, 2020 to the day of full payment, and to pay 14.58% per annum from August 25, 2020 to the day of full payment for the principal of the loan No. 360,174,842 (the sum of the principal of the loan No. 33,106,155), the principal of the loan No. 327,68,687) and the principal of the loan No. C among these amounts, 10,000 won per annum from August 25, 2020 to the day of full payment; 8,106,155 won per annum from August 25, 202 to the day of full payment; 15,000 won per annum from August 3, 200 to the day of full payment.

The defendant was his representative director

F argues that F is unable to respond to the plaintiff's claim due to bankruptcy and immunity from the Seoul bankruptcy court.

However, since Defendant B and F have separate legal personality, the effect of F’s bankruptcy and exemption decision cannot be said to affect the Defendant Company. ( even if this decision is finalized, it cannot be enforced against F’s personal property, not the Defendant Company.) Accordingly, the Defendant’s above assertion is without merit.

The plaintiff's claim is justified and accepted.

arrow