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(영문) 부산지방법원 2021.03.30 2020가단330982
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 80,000,000 and the interest rate from January 1, 2004 to the day of full payment.

Reasons

1. The facts as to the claim against the defendant C do not have any dispute between the parties. Thus, the defendant C is jointly and severally liable with the defendant D to pay to the plaintiff the delayed damages calculated at the rate of 24% per annum from January 1, 2004 to the day of complete payment, barring any special circumstance.

Defendant C, a representative liquidation, was granted immunity from the District Court on November 2, 2017, and thus, the Plaintiff’s claim cannot be complied with. However, the Plaintiff’s claim is not a representative liquidator’s claim against Defendant C, but a representative liquidator’s claim against Defendant C, a representative liquidator’s claim. Thus, the above claim by Defendant C is without merit.

Therefore, the plaintiff's claim against the defendant C is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

2. Determination as to the claim against Defendant D

(a) Indication of claim: It is as shown in the reasons for the claim in the attached Form (Provided, That the creditor shall be referred to as "the plaintiff," and the debtor shall be referred to as "the defendant." (Article 208 (3) 2 of the Civil Procedure Act).

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