양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. Fact 1) The Industrial Bank of Korea grants each of the loans of KRW 30,000,000 on October 29, 2004 to the Defendant, and KRW 150,000,000 on September 28, 2006 to the Defendant (hereinafter “instant loans”) and specified on the date of the loan.
B) The Defendant’s above loan obligation was jointly and severally guaranteed. (2) The Defendant extended the time limit on the repayment of part of the instant loan, and the additional agreement was concluded that extended the maturity of KRW 121,500,000 for the loan from September 28, 2006 by December 17, 2008, which extended the maturity of KRW 121,50,000 for the loan from December 26, 2007, and the additional agreement was concluded that extended the maturity of KRW 18,60,000 for the loan from October 29, 2004 until May 15, 2008.
3) Since August 2008, the Defendant delayed the principal and interest of the instant loans from around August 28, 2013, the Industrial Bank of Korea transferred to the Plaintiff the balance of loans 16,65,947 won on October 29, 2004, and the balance of loans 18,225,000 won on September 28, 2006, and the Plaintiff notified the Defendant of the said transfer on June 15, 2017. (4) The sum of the principal and interest of the instant loans calculated as of February 17, 2017 is KRW 86,732,819.
[Reasons for Recognition] The facts without dispute, Gap 1 to 4, Eul 1 to 5 (including branch numbers in case of additional numbers), response to each order to submit each financial transaction information to the Industrial Bank of Korea of this Court, and the purport of the whole pleadings
B. According to the above facts, the defendant is jointly and severally liable with the joint and several surety B to pay the plaintiff the above KRW 86,732,819 and the damages for delay of KRW 34,880,947 in total.
2. Judgment on the defendant's defense
A. The Defendant asserted that his claim for the instant loan was extinguished by the statute of limitations of five years after the due date for payment with the commercial claim. Accordingly, on May 30, 2012, the Plaintiff, a joint and several surety, repaid part of the instant loan and suspended prescription, and the Plaintiff issued an order to pay the loan before five years have elapsed since the date.