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(영문) 서울중앙지방법원 2020.11.20 2020가단5191283
대여금 등
Text

1. The defendant shall be the plaintiff.

A. As to KRW 336,178,928 and its 200,000,000 among them, jointly and severally with D Co., Ltd.

Reasons

The cause of the instant claim is the same as the entry of the grounds for the instant application (However, the “creditor” shall be deemed to be the “Plaintiff,” and the “debtor” shall be deemed to be the “Defendant,” and the facts of the instant claim may be acknowledged in full view of the overall purport of the pleadings in each entry of the evidence Nos. 1 through 3 (including a serial number, if any).

Therefore, the defendant, a joint and several surety, jointly and severally with D Co., Ltd., the primary debtor, shall be paid to the plaintiff 36,178,928 won with respect to the loan agreement dated March 14, 2014 (i.e., principal amount of KRW 200,00,000 delay damages of KRW 136,178,928) and its principal amount of KRW 200,000,000 from January 29, 2020, which is the day following the base date for calculating damages for delay, until June 24, 2020, which is the final delivery date of the original of the payment order in this case, KRW 15% per annum from the next day to the date of complete payment, KRW 260,00,000,000, KRW 200 per annum, KRW 2600 per annum, KRW 208164,26416,2065% per annum, respectively.

Meanwhile, the Defendant asserts to the effect that E is already aware of the obligation of this case as having already been discharged from liability due to bankruptcy, but there is no evidence to acknowledge the Defendant’s above assertion, and even if E, which appears to be the principal debtor corporation D, is exempted from liability due to such circumstance, it is difficult to reject the Plaintiff’s claim of this case against the Defendant.

If so, the plaintiff's claim is reasonable and acceptable.

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