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(영문) 서울중앙지방법원 2019.01.30 2018가단19451
시효연장
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 140,745,204 and KRW 130,000,000 among them, from April 1, 2008.

Reasons

1. Determination on the cause of the claim

(a) describe the grounds for the change in the attachment of the facts of recognition;

(except for the part concerning appropriation of performance) . / [Grounds for recognition] / Each entry of Gap evidence Nos. 1 to 9 (including branch numbers), and the purport of the whole pleadings

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff, the assignee of the claim, the amount of KRW 70,000,000 with respect to the loan, and damages for delay calculated at the rate of 20% per annum from August 16, 2004 to the date of full payment (hereinafter “ Obligation 1”).

In relation to the collection amount, 60,000,000 won and 30,000,000 won among them are liable to pay damages for delay calculated at the rate of 20% per annum from November 1, 2007 to the date of full payment (hereinafter “second debt”) and from January 1, 2008 to the date of full payment.

(2) However, as seen earlier, the Plaintiff was paid KRW 20,00,00 on March 7, 2006 by the Defendants, and KRW 20,00,00 on March 31, 2008 ± (i) there is no evidence to acknowledge that there has been an agreement or a designated appropriation for each of the above obligations between the Plaintiff and the Defendants on the satisfaction of the obligations. Thus, if each of the above repayment amount is appropriated for the obligations according to the legal order of appropriation under Article 477 of the Civil Act, (ii) the above 10,00,000,000 won on March 7, 2006 ± 208,000 won on August 16, 2004 ± [20,000 won on August 7, 200, 200, 2000 won on delay damages of KRW 208,300,700,000 won on July 7, 2006 ± [300,6000.

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