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(영문) 서울동부지방법원 2020.04.21 2019가단138895
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and Defendant B Co., Ltd. from February 1, 2017.

Reasons

1. Basic facts

A. On December 21, 2016, D Co., Ltd. lent KRW 100,000,000 to Defendant B Co., Ltd. as of January 31, 2017 on repayment date. Defendant C Co., Ltd jointly and severally guaranteed the obligation to return the loan.

B. A Co., Ltd. transferred the above claim against the Defendants to the Plaintiff at that time, and notified the Defendants of the assignment of the above claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 5 through 8, purport of the whole pleadings

2. According to the above facts of determination, the Defendants jointly and severally liable to pay to the Plaintiff 10,000,000 won and the damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from February 1, 2017 following the repayment date to December 17, 2019, and 12% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of service of the application for modification of claim and cause of claim, and from February 1, 2017 to the date of full payment, from February 1, 2017 to the date of service of the application for modification of claim and cause of claim, the Defendant C shall be liable to pay to the Plaintiff 6% per annum prescribed by the Commercial Act from February 1, 2017 to the date of service of the application for modification of claim and cause of claim, and from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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