양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. According to Gap evidence No. 1 and No. 6 of the judgment on the cause of the claim, on November 11, 1994, the Korea Exchange Bank (hereinafter "Korea Exchange Bank") lent KRW 20,000,000 to the defendant on November 11, 1994. The damages for delay agreed to follow the rate of damages for delay as determined by the Korea Exchange Bank. The joint defendant Eul of the first instance court jointly and severally guaranteed the above obligation. The Korea Exchange Bank filed a lawsuit against the defendant and Eul seeking the payment of the principal of the loan of this case on November 8, 200 by Seoul Central District Court Decision No. 281817, Feb. 21, 2001, the judgment ordering the payment of the principal of the loan of this case became final and conclusive on February 22, 200; the above final judgment claims from the Korea Exchange Bank were to be a limited liability company; and the claims from the K Exchange Bank to the defendant were transferred from each of the above globalized Company No. 2030, Aug. 1, 27, 2008. 27. 200.
According to the above facts of recognition, the defendant and B are jointly and severally liable to pay to the plaintiff the principal amounting to KRW 93,611,864 (=the principal amounting to KRW 24,408,260 and KRW 69,203,60) and damages for delay calculated at the rate of 18% per annum from October 5, 2010 to the date of full payment.
2. Judgment on the defendant's defense
A. The defendant asserts that the above obligation was fully repaid, but there is no evidence to acknowledge it.
B. The defendant asserts that the above debt was extinguished by the lapse of the five-year extinctive prescription period.
On November 8, 2000, Korea Exchange Bank filed a lawsuit against the Defendant seeking the payment of the instant loan by Seoul Central District Court Decision 2000Kadan281817, and the judgment ordering the payment of the loan became final and conclusive on February 21, 2001.