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(영문) 서울중앙지방법원 2020.04.23 2019가단11249
구상금 청구의 소
Text

1. The defendant shall pay to the plaintiff the amount of KRW 77,465,77 and KRW 22,262,127 among them, from February 27, 2019 to the day of full payment.

Reasons

1. In full view of the whole purport of the pleading in each statement of evidence Nos. 1 to 4 of the facts of recognition, the facts of the reasons for the claim can be acknowledged and there is no counter-proof.

2. Determination on the cause of the claim

A. In accordance with the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from February 27, 2019 to the date of full payment.

B. The defendant's assertion that the plaintiff's claim seeking payment of the debt prior to the conciliation should be dismissed because the debt adjustment was made in D with respect to the debt of this case and the debt repayment amount adjusted accordingly was made. However, in full view of the whole purport of the pleading in evidence Nos. 1 through 4, the defendant's representative director of this case's joint and several liability was jointly and severally guaranteed, and it can be acknowledged that the defendant's representative director of this case's debt has been adjusted including reduction of the debt amount in D with respect to his joint and several liability, and the defendant's above assertion on the premise that the

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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