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(영문) 서울남부지방법원 2018.11.15 2018가단13374
대여금
Text

1. The Defendant (Appointed Party) and the Appointed C shall jointly and severally serve as the Plaintiff KRW 100,000,000, and the amount shall be from March 5, 2016.

Reasons

1. The Plaintiff remitted KRW 100 million to D Co., Ltd. (hereinafter “Nonindicted Company”) on February 29, 2016. On the same day, the Defendant (Appointed Party) and the Appointed borrowed KRW 100 million from the obligee without the molding of February 29, 2016. The principal shall be repaid to the obligee by March 4, 2016.” The fact that the Plaintiff delivered the loan certificate stating that “I will repay the principal to the obligee by March 4, 2016.” is either in dispute between the parties or can be recognized by the respective statements in subparagraphs 1 and 2.

According to the above facts of recognition, the defendant (appointed party) and the appointed party C are jointly and severally liable to pay to the plaintiff 100,000,000 won of the loan and damages for delay calculated at the rate of 5% per annum from March 5, 2016 to July 11, 2018, when the copy of the complaint of this case was served in C by the designated party, and 15% per annum from the next day to the day of full payment.

2. The Defendant (Appointed Party)’s assertion and determination of the Defendant (Appointed Party) asserted that, on July 12, 2016, the Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”) exempted the Plaintiff from the obligation of borrowed money, the Defendant did not accept the Plaintiff’s claim.

According to the statement in Eul evidence No. 1, the creditor of July 12, 2016 between the plaintiff, the corporation D, the non-party company, etc., and the creditor of the "Plaintiff" and the "stock company D," agree that the "non-party company," in lieu of the corresponding debt, shall take over the debt and pay the debt directly to the "Plaintiff", and the debt of KRW 100 million shall be paid.

This is mutually recognized that the Plaintiff’s “Plaintiff” simultaneously affixed a seal to this confirmation and thereby simultaneously succeeds to the debt KRW 100 million from “C” to “Nonindicted Company.”

In addition, at the same time, the Plaintiff withdraws all complaints filed against “stock company D”, “Appointed C” and “Defendant (Appointed Party)”, which are joint and several sureties.

The fact that the letter of performance written as " has been prepared" is recognized.

However, the above letter of performance (No. 1) is written.

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