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(영문) 서울중앙지방법원 2017.04.12 2016가단5151653

양수금

Text

1. The defendant shall be the plaintiff.

(a) KRW 62,676,297 and KRW 27,590,93 among them shall be from April 21, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On November 20, 2002, Onnuri Credit Union loaned 10.5% per annum interest rate of KRW 30 million to B on November 20, 2002, due date of repayment on November 20, 204, and 18% per annum (hereinafter “the first loan obligation”), and the Defendant jointly and severally guaranteed the above loan obligation.

B. On April 20, 2005, the NAF AF lent 2 million won interest rate of 8.3% per annum, due date of payment April 20, 2007, and 17.3% interest rate in arrears.

(hereinafter referred to as "second loan obligation"). (c)

On June 2013, Onnuri Credit Union and Koyang AFF transferred each of the above loans to the Plaintiff.

B died on December 7, 2013, and the Defendant inherited the deceased’s property, and the report on qualified acceptance was accepted at the court.

(Yanju District Court Branch 2014 Ma7).

As of April 20, 2016, the first loan obligation remains in 27,590,993 won with principal and interest in 35,085,304 won. The second loan obligation remains in 1,665,900 won with principal and interest in 1,260,953.

[Reasons for Recognition] Evidence A(including each number), Evidence A(including each number), Evidence B(2), the purport of the whole pleadings

2. Determination:

A. According to the above facts, the defendant is obligated to pay to the plaintiff the principal and interest of the loan as a joint and several surety for the first loan obligation, and the heir of the second loan obligation is obligated to pay the principal and interest of the loan within the scope of the property inherited from the deceased.

B. The defendant raises a defense that the extinctive prescription of the first and second loans has expired.

According to the evidence evidence No. 5, with respect to the first lending debt, the fact that the Onnuri Credit Union applied for payment order against the deceased and the defendant on May 19, 2006, which was issued on May 19, 2006 by the payment order decision (the Jeonju District Court Branch Branch 2006 tea575) can be acknowledged as having been completed, and since the lawsuit in this case was filed before the lapse of 10 years thereafter, it cannot be deemed as having been completed.

On the other hand, the National Agricultural Cooperative, which is the original creditor of the second lending debt, shall be the National Agricultural Cooperative.