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(영문) 부산지방법원 2015.04.07 2015가단3729
대여금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) starting January 14, 2015 for KRW 2,179,278,123 and for KRW 951,874,441.

Reasons

1. In full view of the purport of the evidence No. 1-1-2-2 of the evidence No. 1-1-3-2 of the judgment on the cause of the claim and the purport of the entire pleadings, it can be acknowledged that the Defendants are the cause of the claim as stated in the separate sheet. As such, Defendant A corporation is obligated to pay 1,32,50,000 won out of the above principal and interest of loan No. 2,179,278,123 won and the principal of loan No. 951,874,41 won, which are 18% per annum from January 14, 2015 to the date of full payment, and Defendant B is jointly and severally obligated to pay 1,332,50,000 won

2. Defendant A Co., Ltd. asserts that since the present representative director of Defendant A Co., Ltd. did not conclude a loan contract with the Plaintiff, the Plaintiff’s claim against Defendant A Co., Ltd. is unjustifiable. However, Defendant A Co., Ltd., the former representative director of Defendant A Co., Ltd., concluded a loan contract with the Plaintiff on June 20, 2008, and the Plaintiff filed the instant claim accordingly. Even if the representative director of Defendant A Co., Ltd was changed thereafter, Defendant A Co., Ltd is not exempted from its responsibility for the loan contract that was concluded by the representative director at the time of the loan contract. Thus, the above claim against

3. Conclusion, the plaintiff's claim of this case is justified.

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