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(영문) 서울중앙지방법원 2017.07.11 2016가단5244166

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. Summary of the parties' arguments;

A. The Plaintiff (1) approved the application of the credit transaction basic terms and conditions at the time of each loan transaction as stated in the “creditor financial institution” as stated in the separate sheet of claim description, and the pertinent “the subject of loan” as stated in the separate sheet of claim description, and agreed to lose the benefit of time when the principal and interest are not repaid, and the benefit of time was lost due to failure to repay the principal

② Defendant B guaranteed the loan obligations listed in No. 2 of the Attached Claim List No. 2.

(3) Meanwhile, the Plaintiff acquired all the principal and interest of a loan from each financial institution as indicated in the “transfer date of credit” column as indicated in the separate sheet, and notified the Defendants of the transfer on each date indicated in the “transfer notification date” column.

(4) As a result of the Plaintiff’s settlement of each principal and interest of loan in the separate sheet of specification of credit, the remaining principal and interest of loan shall be as stated in the relevant column of principal and interest of loan as of September 7, 201

⑤ Therefore, Defendant A is liable to pay damages for delay calculated at the rate of 17% per annum below the rate of delay interest under each loan agreement as claimed by the Plaintiff from September 8, 2016 to the date of full payment. Defendant B is jointly and severally liable with Defendant A to pay damages for delay calculated at the rate of 48,185,692 out of the above KRW 79,376,298 and 11,097,406 out of the above KRW 79,37,400 from September 8, 2016 to the date of full payment.

B. The Plaintiff’s claim against the Defendants was extinguished by the statute of limitations.

2. In the judgment of the court, Defendant A, and the Fisheries Cooperatives on Dec. 19, 195 were loaned KRW 20 million on the date of redemption by December 18, 1997. < Amended by Presidential Decree No. 15183, Feb. 7, 1996; Presidential Decree No. 15083, Feb. 7, 1996; Presidential Decree No. 15508, Feb. 7, 1998; Presidential Decree No. 15568, Jun. 18, 1997>