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(영문) 서울중앙지방법원 2019.11.01 2018가단5236657
대여금
Text

1. The defendant shall be the plaintiff.

A. From August 10, 2018 to September 28, 2018, for KRW 11,885,37 and KRW 6,748,50 among them.

Reasons

1. Basic facts

A. On February 4, 2010, the Plaintiff loaned KRW 200,000,00 to D Co., Ltd. (hereinafter “Nonindicted Company”) by the due date of repayment until August 4, 2010 (5.93% of the CD-related loan), by the rate fluctuation rate (5.93% of the CD-related loan), by 17% per annum less than two months, by at least three months, and by at least 19% per annum for not less than three months. Around March 29, 2011, the Plaintiff loaned a loan by setting the credit limit amount to 300,000,000,000, by March 23, 2012, interest rate fluctuation rate (average 2.56% of the CD-3 day), by 17% per annum less than three months, and by 19% per annum for not less than three months.

(hereinafter collectively referred to as “instant loan”). B.

The non-party company decided to comply with the interest rate and compensation rate for delay determined by the Plaintiff, and the highest compensation rate for delay applicable to the loan of this case is 15% per annum after April 13, 2014.

C. The Plaintiff and the non-party company extended the repayment period of the instant loan, but the non-party company lost its interest due to delay in paying the principal and interest, and on August 9, 2018, the principal and interest of the loan unpaid as of August 9, 2018 are KRW 142,211,196 as indicated below.

F F F F F F E E E E E GD

D. On the other hand, around October 5, 2014, the Defendant (the name before the change: H) concluded a merger agreement with the non-party company to the effect that the non-party company will continue to exist (hereinafter “instant merger agreement”). On the other hand, around October 6, 2014, the above merger registration is completed.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 8, purport of whole pleading

2. The assertion and judgment

A. In order for a divided company to be divided and merged with relevant legal principles to be exempted from joint liability pursuant to Article 530-9(1) of the Commercial Act and to form a divided debt relationship with which only the liability for repayment of the obligation to be borne by each party is to be borne by the original agreement of the written agreement of the merger after division, only the liability for the invested property is borne by the company among the obligations of the company to be divided.

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