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(영문) 대구지방법원서부지원 2020.07.22 2019가단67262
대여금
Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 64,197,00 with C as well as the full payment with respect thereto from March 13, 2015.

Reasons

1. Facts of recognition;

A. On May 18, 2012, the Plaintiff leased KRW 64,197,00 to C Co., Ltd. (hereinafter “C”) at a maturity of 12% per annum on December 31, 2012, and D jointly and severally guaranteed the foregoing loan repayment obligation (hereinafter “the instant loan repayment obligation”).

B. C is not the fact that the principal obligation is repaid in addition to the payment of interest and delay damages incurred until March 12, 2015 with respect to the instant loan obligations.

C. C divided the electrical construction business on October 18, 2018 and merged to the Defendant.

[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence 1 through 3, and the purport of whole pleadings

2. The judgment or the division and merger is jointly and severally liable for the obligations of the divided company before the division or the division and merger (Article 530-9(1) of the Commercial Act). Thus, the defendant who divided part of the company from C by division and merger is jointly and severally liable for the repayment of the borrowed amount to the plaintiff, barring any special circumstance.

Therefore, the defendant is jointly and severally liable with C to pay to the plaintiff 64,197,00 won with interest rate of 12% per annum from March 13, 2015 to the date of full payment.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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