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(영문) 서울중앙지방법원 2021.02.02 2020가합548522
대여금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 200,000,000 and its therefrom from February 1, 2018 to October 7, 2020.

Reasons

1. As to the claim against Defendant B

A. The fact of recognition that Defendant B Co., Ltd. (hereinafter “Defendant B”) borrowed KRW 200,000,000 from the Plaintiff on February 1, 2018 without setting the interest rate and the due date (hereinafter “the primary use of this case”). The fact that a considerable period of time has elapsed around November 30, 2019 with the Plaintiff’s demand for the return of the same, may be recognized by taking into account the overall purport of the pleadings as set forth in the evidence No. 1, 2, and 5.

B. Accordingly, Defendant B is obligated to pay to the Plaintiff interest or delayed damages calculated at the rate of 6% per annum under the Commercial Act from February 1, 2018 to October 7, 2020, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which was served on the Plaintiff by the duplicate of the instant complaint from February 1, 2018, and from the next day to the date of full payment.

2. As to the claim against Defendant C and D

A. On July 9, 2018, Defendant C Co., Ltd. (hereinafter “Defendant C”) borrowed KRW 100,00,000 from the Plaintiff as of October 9, 2018, and as of October 9, 2018, Defendant C guaranteed the Plaintiff the payment of the instant secondary loan to the Plaintiff. As such, Defendant C and D jointly pay the instant two loan and damages incurred therefrom.

B. The judgment of the defendant C and D is deemed to have led to the confession of the plaintiff's above assertion in accordance with Article 150 of the Civil Procedure Act.

Therefore, from October 10, 2018 after the maturity date, Defendant C and D jointly have the obligation to pay jointly to the Plaintiff the delayed damages calculated at each rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, whichever is later, to June 29, 2020 when the duplicate of the complaint of this case was served on the above Defendant; Defendant C and D are liable to pay the delayed damages calculated at each rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. Claim against Defendant E.

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