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(영문) 서울중앙지방법원 2019.01.11 2018가단50292
대여금청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The law firm F (hereinafter “instant legal entity”) obtained three loans from the Plaintiff, and the terms and conditions of the loan and the remaining amount of credit as of September 30, 2015 are as listed below:

Section 1: (a) on November 2013, 2013, the date of loans for common driving funds for common driving funds for loans 3 loans 2; (b) on June 13, 2013, the amount of loans 120,000,000 won 2,00,000,000 won 18,000,000 on June 13, 2013; (c) on May 13, 2015; (d) on May 13, 2015, the Plaintiff’s interest rate of KRW 72,00,000,000,000, KRW 26,670,609, KRW 130,000,000,000, KRW 1158,714,000,000; and (d) on June 24, 2015, the Plaintiff’s interest rate of overdue interest rate of KRW 2536,575,205,045.

B. On February 19, 2016, the Plaintiff filed a lawsuit against the instant corporation, etc. on the claim for loans, etc. with the court 2015da197466, and was sentenced to the judgment that “the instant corporation shall pay to the Plaintiff 248,041,146 won and 228,670,609 won, whichever is the rate of 15% per annum from October 1, 2015 to the date of full payment,” and the said judgment became final and conclusive around that time.

C. The Defendants are attorneys-at-law of the instant legal entity.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1 and 2

2. Articles 58 (1) and 58 of the Attorney-at-Law Act (Application Mutatis Mutandis of other Acts) (1) of the same Act concerning law firms shall apply mutatis mutandis, except as otherwise provided for in this Act.

According to the above, the provisions concerning unlimited partnerships in the Commercial Code apply mutatis mutandis to law firms. Law firms' partners are partners of unlimited partnerships.

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