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(영문) 서울중앙지방법원 2018.10.12 2017가단97898
대여금등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from September 29, 2017 to KRW 98,504,198 and KRW 71 million among them.

Reasons

Attached Form

The same fact as the description of the cause of the claim (However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” shall be deemed to be the “Defendant”) does not conflict between the parties, or can be acknowledged according to the overall purport of the entries and arguments in subparagraphs A and 5 (including the serial number).

According to the above facts of recognition, Defendant A Co., Ltd. is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum from September 29, 2017 to the date of full payment with respect to the principal and interest of KRW 98,504,198 as loans until September 28, 2017 and the remaining principal of KRW 71,00,000,000,000,000 from September 29, 2017. Defendant B is jointly and severally liable with Defendant A Co., Ltd. to pay KRW 86,4

(1) The Defendants asserted that the amount equivalent to the above amount should be reduced since they paid a total of KRW 15,378,936 to the Plaintiff from October 28, 2013 to March 27, 2017. However, the Plaintiff already claimed the remainder remaining after he/she appropriated each interest and damages liability, such as the details of the amount of interest specified in attached Form A (State). Therefore, the Defendants’ assertion is without merit. Thus, the Plaintiff’s claim against the Defendants is justified within the scope of the above recognition, and the remainder of the claim is dismissed as it is without merit.

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