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(영문) 서울중앙지방법원 2019.12.06 2019가단5111571
대여금
Text

1. The defendant shall pay to the plaintiff KRW 151,606,117 and KRW 69,00,00 among the costs, from February 11, 2019 to the date of full payment.

Reasons

The grounds for the instant claim are the same as the attached form of claim and the changed cause of claim (However, “creditor” shall be “Plaintiff” and “debtor” shall be “Defendant”. The Plaintiff’s request for payment order against Defendant C was withdrawn). The Plaintiff’s request for payment order against Defendant C may be accepted in full view of the following: there is no dispute between the parties, or the purport of the entire pleadings as to the entries in the evidence Nos. 1 through 9.

Therefore, with respect to the Plaintiff’s total amount of principal and interest of KRW 151,606,117 and its total amount of KRW 69,00,000 under the first agreement, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum, which is the rate of delay damages from February 11, 2019 to the date of full payment; with respect to KRW 309,627, interest under the second agreement or delay damages from September 7, 2019 to the date of full payment; damages for delay calculated at the rate of 12% per annum from September 7, 2019 to the date of full payment; damages for delay from February 11, 2019 to the date of full payment; damages for delay from the date of full payment; damages for delay calculated at the rate of 14.18% per annum, which is the rate of delay damages for delay from February 11, 2019 to the date of full payment; damages for delay from the date of full payment;

Meanwhile, the defendant asserts that the representative director C was declared bankrupt and granted immunity from the Seoul Central District Court. However, it is difficult to reject the plaintiff's claim against the defendant merely by the above argument.

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

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