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(영문) 서울중앙지방법원 2015.04.30 2015가합5229
양수금 등
Text

1. The Defendants jointly and severally share the Plaintiff Company A with KRW 143,528,419, and KRW 150,000,000 and each of the said money.

Reasons

1. The following facts are recognized in full view of the contents of evidence Nos. 1 and 5 and the purport of the whole pleadings.

Plaintiff

B on December 16, 2009, 65,000 won was designated and lent to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) as of June 30, 2010.

Plaintiff

A Co., Ltd. lent KRW 100,000 to Defendant Co., Ltd., and the interest on the above loans until November 2010 reaches KRW 43,528,419.

On January 18, 2010, A lent KRW 85,000,00 to the Defendant Company.

On July 25, 2011, Defendant D guaranteed each of the above loans owed to Plaintiffs and Co., Ltd. by Defendant D.

On June 30, 2012, A Co., Ltd. transferred a loan claim of KRW 85,000,000 to the Defendant Company to Plaintiff B, and notified the Defendant Company of the assignment of the said claim on May 14, 2014. The notification reached the Defendant Company on May 15, 2014.

2. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff Company A the principal amount of KRW 143,528,419 (i.e., KRW 100,00,000 interest rate of KRW 43,528,419), and KRW 150,00,000 (i.e., KRW 65,00,000 acquisition of loans and KRW 85,000,000), and damages for delay calculated at a rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 24, 2015 to the date of full payment, each of the above amounts of money, which is obvious that it is the day after the delivery of a copy of the complaint of this case to the date of full payment. Accordingly, the Plaintiffs’ claims are with merit, and are so decided as per Disposition with the assent to accept them.

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