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(영문) 서울중앙지방법원 2020.11.11 2018가합511473 (1)

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B, on May 17, 2001, the Plaintiff loaned KRW 5,000,000 to the Plaintiff on May 17, 2001, setting the due date of reimbursement of KRW 17 May 2003, the agreed interest rate of 12% per annum, and the agreed interest of 19% per annum.

B On March 23, 2005, the cooperative transferred the instant loan claim to C (the trade name before and after the change was not divided into D., and hereinafter “C”) and notified the Plaintiff at that time, and C again transferred the instant loan claim to the Defendant on November 6, 2017, and notified the Plaintiff at that time.

B. On April 12, 2007, the Korea Trade Insurance Corporation entered into a credit guarantee agreement with E with the Korea Trade Insurance Corporation E (hereinafter “E”) by setting the guarantee limit at KRW 200,000 as the guarantee limit from April 12, 2007 to April 10, 2008, with respect to the obligation to repay the principal and interest to be borne by receiving a loan from the FF Bank, and upon which the Korea Trade Insurance Corporation shall pay the principal and interest in accordance with the interest rate set by the Korea Trade Insurance Corporation (Korea Trade Insurance Corporation). The Plaintiff jointly and severally guaranteed all obligations owed by E under the above export credit guarantee agreement with the Korea Trade Insurance Corporation.

The Korea Trade Insurance Corporation paid 198,069,300 won to the F Bank on November 21, 2007, after obtaining a guarantee payment guarantee under the above export credit guarantee agreement, and the Korea Trade Insurance Corporation paid 198,069,300 won to the F Bank on September 25, 2014. The Korea Trade Insurance Corporation, on September 25, 2014, transferred the claim for indemnity against E and the claim for joint and several surety to the Plaintiff, and notified the Plaintiff thereof at that time.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Judgment on the Plaintiff’s assertion of extinctive prescription

A. The Plaintiff’s loan obligations against the Plaintiff’s above B association shall be extinctive prescription from May 17, 2003, when the Plaintiff’s repayment period expires. The Plaintiff’s joint and several guarantee obligations against the Korea Trade Insurance Corporation.