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(영문) 부산지방법원동부지원 2020.05.07 2020가합101118
양수금
Text

1. The defendant shall pay 360,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Some dismissed parts of the Plaintiff also claim payment of damages for delay calculated at the rate of 12% per annum from August 12, 2019 to the date of full payment, which exceeds KRW 360,000,000,000, whichever is more than KRW 360,000,000, which is 262,50,000,000. However, even according to the Plaintiff’s claim, the Defendant’s claim against the Small and Medium Business Corporation B’s loan amounting to KRW 300,000 on April 5, 2013 shall be jointly and severally and severally liable for the above principal and interest within the limit of KRW 360,00,000,000, which is 360,000,000. Therefore, it shall not be accepted.

3. The judgment by deeming the confession (Article 208(3)2 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act) only submitted a formal objection after being served with the original copy of the payment order, and did not submit a substantive legal document, such as a written reply, and did not appear on the date of pleading. As such, it is deemed that all the Plaintiff’s allegations have been led to confession pursuant to Article 150(3)

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