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(영문) 부산지방법원 2020.02.18 2019가단341153
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate therefor from January 9, 2020 to the date of full payment.

Reasons

1. Defendant C Co., Ltd. (hereinafter “Defendant C”).

There is no dispute between the parties to the judgment on the claim A, or according to the evidence Nos. 1 and 2, among the facts as stated in the attached Form Nos. 1 and 2, the creditor shall be deemed as the plaintiff, and the debtor shall be deemed as the "defendant".

Any fact recorded may be recognized and there is no evidence that obstructs it.

According to the above facts of recognition, Defendant C is obligated to pay damages for delay calculated at the rate of 12% per annum from January 9, 2020 to the date of full payment after the original copy of the instant payment order was served on the Defendants, as sought by the Plaintiff.

As to this, Defendant C asserted to the effect that it cannot respond to the Plaintiff’s claim since the decision of bankruptcy and exemption against representative liquidator E became final and conclusive. However, the claim in this case is not the claim against the representative liquidator E, but the claim against Defendant C, which is a legal person, and is not accepted.

2. Determination as to the claim against Defendant D

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208(3)3 of the Civil Procedure Act of the applicable law and Article 208(3)3 of the Civil Procedure Act

3. Conclusion, the plaintiff's claim is justified.

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