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(영문) 서울중앙지방법원 2018.12.19 2018가단5072860
약속어음금 청구의 소
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 40,000,000 as well as to the day of full payment from June 8, 2018.

Reasons

Attached Form

The facts of the cause of the claim are not disputed between the plaintiff and the defendant Dispute Resolution Co., Ltd., or can be recognized by adding the whole purport of the pleading to the statement of Gap No. 1, and the plaintiff, defendant C and the plaintiff Dispute Resolution Co., Ltd., pursuant to Article 150 (3) and (1) of the Civil Procedure Act.

Therefore, the Defendants are jointly obligated to pay to the Plaintiff the amount of KRW 40,000,000 and the amount calculated by the rate of 15% per annum from June 8, 2018 to the date of full payment, which is the day following the date of the final delivery of the copy of the instant complaint sought by the Plaintiff.

In this regard, Defendant B, the representative of which, in turn, agreed to transfer all the assets of Defendant B to F on November 14, 2017 and to pay all the obligations of the transferee after the date of transfer to F, and therefore, Defendant B is not obligated to pay the instant promissory note payment. However, as seen earlier, Defendant B, not the entity obligated to pay the instant promissory note payment, is not E but Defendant B, and the said assertion is without merit.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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