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(영문) 서울중앙지방법원 2018.01.18 2017가단5140254

양수금

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. On September 13, 2006, the Cheongju Credit Union (former name was changed to the Cheongju Credit Union; hereinafter referred to as the "Cheongju Credit Union") set each of the loans on September 7, 2008, with the joint and several guarantee of Defendant B, at the interest rate of KRW 50,000 as an installment savings loan to Defendant A, 11.5% per annum, 19% per annum, 19% per annum, and September 7, 2008, respectively (hereinafter referred to as the "instant loan").

B. On June 21, 2013, the Cheongju National University transferred the instant principal and interest of loan to the Plaintiff, and notified the Defendant A of the transfer on June 23, 2013, and the said notification reached the Defendant around that time.

C. As of June 1, 2017, the principal of the instant loan remains in KRW 45,535,179 and overdue interest reaches KRW 48,626,97.

[Ground of recognition] Gap evidence Nos. 1, 2, 4, and 5, and the fact-finding inquiry results of this court's new correspondence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, barring any special circumstance, the Defendants are jointly and severally obligated to pay the Plaintiff, the assignee, the total amount of the loan balance and overdue interest (=45,535,179 won), and 45,535,179 won, which are the balance, to pay overdue interest at the rate of 15% per annum, as sought by the Plaintiff from June 2, 2017 to the date of full payment.

B. The Defendants’ defenses by the statute of limitations expired due to the expiration of the statute of limitations.

The credit union is a nonprofit corporation established with the purpose of contributing to the development of the local economy by improving the economic and social status of its members through the sound fostering of credit cooperative organizations based on common bond and providing convenience to local residents (Article 1 and Article 2 subparagraph 1 of the Credit Unions Act), and "the receipt of deposits and installment savings from union members, loans to union members, internal refund, bill discount, etc." and the credit business of "the receipt of deposits and installment savings from union members, loans to union members, internal refund, bill discount, etc." may be conducted, and