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(영문) 서울중앙지방법원 2020.09.25 2020가단5156822
대여금
Text

1. The defendant is jointly and severally with D as to KRW 261,311,304 and KRW 253,061,827 among them, from February 20, 2020 to the plaintiff.

Reasons

1. The facts stated in the attached Form of the judgment on the cause of the claim do not conflict between the parties, or can be acknowledged by stating the overall purport of the pleadings in Gap evidence No. 1-5. As such, the defendant shall jointly and severally pay to D and the plaintiff 261,311,304 won and the principal amount of KRW 253,061,827 at the rate of 9.8% per annum, which is the agreed delay damages rate from February 20, 2020 to the date of full payment, and the delay damages shall be paid within the limit of KRW 460,00,000,000.

2. The defendant's assertion against the defendant is in progress of the auction procedure for the E-vehicle, and thus cannot respond to the plaintiff's claim until the completion of the above auction procedure. However, the defendant's assertion is not acceptable solely on the ground that the defendant's claim cannot be avoided.

3. Conclusion

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