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(영문) 서울중앙지방법원 2016.04.19 2016가단7898
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 719,229,029 and the amount of KRW 385,690,703 from December 8, 2014 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 4 as to the cause of the claim, the defendant, who is the debtor, did not perform the obligation to pay the principal and interest of the credit loan by signing the credit transaction agreement within the above limit on July 16, 2009 on the ground that the debtor and the defendant did not perform the obligation to pay the principal and interest of the credit loan within the above limit on July 16, 2009. According to the above agreement, "(1) where the principal debtor is liable to pay the amount of money to another company," (2) where the creditor pays the amount of money to the debtor under the name of the debtor due to the occurrence of the loan to the debtor(s) (2) where the creditor pays the loan to the debtor(s). (3) where the debtor is liable to pay the principal and interest of the credit loan to the debtor and the defendant as the debtor, the principal debtor and the principal debtor did not pay the principal and interest of the loan to the debtor as the agreed date.

According to the above facts, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 8, 2014 to the day of full payment with respect to the total amount of principal and interest of KRW 719,229,029 and the principal amount of KRW 385,690,70 among them.

2. The defendant company asserted that the defendant company cannot respond to the plaintiff's claim of this case since the representative liquidator B of the defendant company was granted immunity.

However, the Plaintiff’s claim of this case is not a claim against the representative liquidator of the Defendant Company against the Defendant Company, but a representative liquidator.

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