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(영문) 서울중앙지방법원 2020.04.01 2019가단5155397
대여금
Text

1. The Defendant’s annual interest in KRW 220,110,775 and KRW 144,134,952 among the Plaintiff, from April 11, 2019 to June 4, 2019.

Reasons

Comprehensively taking account of the overall purport of Gap evidence Nos. 1-4 and arguments, the defendant borrowed KRW 150,00,000 from the plaintiff on January 2, 2015, the defendant is currently obligated to pay KRW 144,134,952 as of April 10, 2019, the total interest, etc. as of April 10, 2019 was 220,110,775, and the defendant's trade name was changed from "Co., Ltd to "B" around December 11, 2015. Thus, the defendant is obligated to pay the plaintiff a total amount of KRW 220,110,775 as of KRW 14,134,952 as of the loan principal from April 11, 2019 to June 2, 2019 to the day of service of the original copy of this case as of June 4, 2019.

(1) From June 1, 2019, the legal interest rate stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was changed to 12%, and thus, the plaintiff's assertion that exceeds the above recognized portion is without merit). Accordingly, the defendant asserted that the debt against the plaintiff was carried out by D as the former representative of the defendant, and the defendant's trade name or representative was entirely not known to the defendant, but even if the defendant's trade name or representative was changed, it cannot be viewed that the defendant's liability is exempted because

Thus, the plaintiff's claim shall be accepted within the extent of the above recognition, and the remaining claims shall be dismissed as it is without merit, and the defendant shall bear the whole costs by applying Article 98 and the proviso of Article 101 of the Civil Procedure Act.

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