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(영문) 부산지방법원 2019.11.19 2019가단17306
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 394,200,968 and the amount of KRW 114,190,305 from June 5, 2019 to the day of full payment.

Reasons

1. In full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 and 2 (including additional numbers) as to the cause of the claim, the creditor among the facts stated in the annexed Form No. 1 as to the cause of the claim shall be deemed to be "the plaintiff" and the debtor to

the record may be recognized, and there is no evidence that interferes with it.

According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum as claimed by the Plaintiff from June 5, 2019 to the date of full payment of the principal and interest, etc. totaling KRW 394,200,968 as of June 4, 2019, and the principal principal KRW 114,190,305 as of the principal, and from June 5, 2019 to the date of full payment. Since the instant lawsuit was filed for the extension of the extinctive prescription period of the claim based on the judgment in the previous lawsuit (Seoul District Court Decision 2010Da24288), the benefit of the lawsuit

The defendant asserts that the defendant's representative liquidator D's bankruptcy and exemption decision became final and conclusive, and thus the plaintiff's claim cannot be complied with.

However, since the claim of this case is not a claim against D individual, a representative of the defendant, but a claim against the defendant company, the defendant's argument cannot be accepted.

2. Conclusion, the plaintiff's claim is justified.

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