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(영문) 서울중앙지방법원 2015.11.25 2015가단5126711

양수금

Text

1. The Defendant’s KRW 84,371,764 and KRW 23,528,635 among the Plaintiff, respectively, shall be 20% per annum from July 12, 2014 to September 30, 2015.

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 4, the Industrial Credit Union established and lent 32,00,000 won to the defendant at an annual interest rate of 15.5% (23% per annum) on July 23, 1997, but the defendant failed to pay it, and the defendant bears 84,371,764 won as of July 11, 2014, including the principal amount of 23,528,635 won as of July 11, 2014, and interest amount of 60,843,129 won (hereinafter referred to as the "loan claim of this case"), and the loan claim of this case was transferred in succession from the Industrial Credit Union to the Reorganization Corporation, the Busan Mutual Savings Bank and the Solomon Mutual Savings Bank, the Solomon Mutual Savings Bank was appointed by each court administrator of bankruptcy on April 30, 2013.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 84,371,764 won in total of the remaining principal and interest and 23,528,635 won in total, 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 12, 2014 to September 30, 2015, and 15% per annum under the same Act from the next day to the date of full payment.

Although the Defendant asserts that the completion of the statute of limitations for the instant loan claim has expired, according to the evidence No. 4, the Liquidation Corporation filed a lawsuit against the Defendant and two other parties on April 28, 2004 against Daejeon District Court Decision 2004Kadan20101, which sought the payment of the instant loan claim, and obtained a favorable judgment on August 31, 2004. The above judgment can be recognized as the fact that it became final and conclusive on October 2, 2004. Thus, the statute of limitations for the instant loan claim was extended to 10 years from the date the above judgment became final and conclusive, and the facts that the instant lawsuit was filed on July 18, 2014 and was filed before the expiration of the statute of limitations are apparent and apparent. Thus, the Defendant’s assertion that the statute of limitations has expired is without merit.

Therefore, the plaintiff's claim.