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(영문) 서울중앙지방법원 2019.06.19 2019가단5012940
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 267,483,199 and KRW 179,469,426 among them. From March 5, 2019.

Reasons

Attached Form

The facts of the cause of the claim shall be deemed to have been led to the confession of the above defendant pursuant to Article 150(1) and (3) of the Civil Procedure Act between the plaintiff and the defendant Eul, and it may be recognized by adding the whole purport of the pleadings to each of the statements in subparagraphs A through C, or not between the plaintiff and the defendant C.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 267,483,199 as well as the principal amount of KRW 179,469,426 at the rate of 25% per annum, which is the agreed delay damages rate, from March 5, 2019 to the date of full payment, after the original copy of the instant payment order was served.

Defendant C has already paid KRW 10 million. However, according to the evidence evidence No. 7, the Plaintiff claimed that the Plaintiff paid KRW 10 million from Defendant C had already been appropriated for the overdue interest amounting to KRW 8,339,357 and KRW 1,684,99, which occurred before the service of the original copy of the instant payment order, and claimed only the remainder. Thus, the Defendant’s above assertion is rejected.

Thus, the plaintiff's claim of this case is justified and accepted.

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