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(영문) 서울중앙지방법원 2020.06.26 2020가단5096029
대여금
Text

1. The defendant shall pay to the plaintiff KRW 278,763,94 and KRW 162,180,410 among them, from November 18, 2019 to the date of full payment.

Reasons

The cause of the instant claim is the same as the entry of the grounds for the instant claim (However, “creditor” shall be deemed “Plaintiff” and “debtor” shall be deemed to be “Defendant. Meanwhile, the Plaintiff’s lawsuit against C was withdrawn), and there is no dispute between the parties as to the facts of the cause, or it may be recognized in full view of the purport of the entire pleadings as stated in the evidence Nos. 1 through 4.

Therefore, the Defendant is obligated to pay to the Plaintiff the interest of KRW 278,763,94 (i.e., principal of KRW 162,180,410 or delay damages of KRW 116,583,584) and damages for delay calculated at the rate of 15% per annum, which is the agreed interest rate of KRW 162,180,410 from November 18, 2019 to the date of full payment.

Meanwhile, the Defendant asserted to the effect that it was closed on May 8, 2015, and that it would be terminated upon dissolution as of October 2, 2019, but it is difficult to reject the Plaintiff’s claim against the Defendant solely based on the foregoing argument.

If so, the plaintiff's claim is reasonable and acceptable.

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