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(영문) 서울남부지방법원 2018.09.18 2018가단234621
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 96,313,537 and KRW 94,118,971 among them, from June 7, 2018 to June 20, 2018.

Reasons

1. Determination as to the cause of claim

A. The facts stated in the Attached Form of Claim do not conflict between the parties.

B. According to the above facts, the Defendants jointly and severally pay to the Plaintiff the total amount of principal and interest of KRW 96,313,537 as of June 6, 2018 and KRW 94,118,971 as of the base date from June 7, 2018 to June 20, 2018, which is the delivery date of a copy of the complaint of this case, the agreed delay interest rate of KRW 12% per annum from June 7, 2018, and delay interest rate of KRW 15% per annum from the next day to the day of full payment, and Defendant B is obligated to pay the above money within the limit of KRW 240,00,00,00, which is the limit of collateral guarantee amount.

2. The Defendants asserted to the effect that they cannot respond to the Plaintiff’s claim because they currently prepared for corporate bankruptcy or filed an application for immunity (In the case of the Kuwon District Court 2018Hadan, 1512Ha, 1512). However, the Defendant’s assertion alone does not restrict the Plaintiff’s exercise of rights in the lawsuit (the aforementioned case did not grant immunity). Therefore, the Defendants’ assertion is without merit.

3. Thus, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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