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(영문) 서울중앙지방법원 2017.05.31 2017가단32075
대여금 등
Text

1. The defendant shall pay to the plaintiff the amount of KRW 118,924,096 and the amount of KRW 71,653,401 among them, from December 16, 2016 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence No. 1 and No. 7 as to the cause of the claim, the Plaintiff loaned KRW 120 million to the Defendant on May 28, 2008 (the Plaintiff agreed to comply with the basic terms and conditions of credit transaction at the time, and the date of repayment was finally changed on May 28, 2013), and ② The obligation of principal and interest, including the principal amount of KRW 71,653,401 as of December 15, 2016, up to KRW 118,924,096, including interest, etc.

Therefore, the Defendant is obligated to pay to the Plaintiff 18,924,096 won of the above principal and interest of KRW 71,653,401, which is the day following the date of final calculation of interest for the principal and interest of KRW 118,924,09, and the interest rate of overdue interest rate of KRW 15% from December 16, 2016 to the day of complete payment.

2. As to the Defendant’s assertion, the Defendant’s representative director C is subject to the Seoul Central District Court Decision 2013Hadan9524 and 2013Ma9524, and thus, the Plaintiff’s claim cannot be complied with.

However, this case is not a claim against the defendant's representative, but a claim against the defendant corporation, and the decision of immunity against the defendant's representative becomes final and conclusive. Thus, the defendant's assertion is without merit.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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